Torture As Tort
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| Author | : Craig M. Scott |
| Publisher | : Hart Publishing |
| Total Pages | : 776 |
| Release | : 2001-05 |
| Genre | : Law |
| ISBN | : 1841130605 |
Download Torture as Tort Book in PDF, Epub and Kindle
The catalyst for this volume was a request to Scott (York U. Law School, Toronto) from Sudanese exiles for advice on transnational avenues for seeking justice against members of their government. The 26 contributions address the frames and foundations of human rights cases; jurisdiction and immunity; choice of law and causes of action; evolving international law on recourse against non-state actors; legitimacy, intervention, and forging of national histories; and the borders of tort theory. Includes tables of cases and legislation. Appends the UN Convention Against Torture, the US code on Alien Tort Claims and Torture Victims Protection Act, provisions of Private International Law (UK, 1995), and an update on developments related to the discussion of the Pinochet case. Distributed in the US by ISBS. c. Book News Inc.
| Author | : François Larocque |
| Publisher | : |
| Total Pages | : 9 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
Download The Transnational Tort of Torture (Le Délit Transnational de la Torture). Book in PDF, Epub and Kindle
English Abstract: This paper proposes the recognition of a new cause of action in tort for acts of torture as defined in international law. After discussing the normative particularities of torture as a hybrid public-private wrong, the author theories on the possibility and desirability of expanding the classical categories of intentional torts to accommodate a new nominate tort of torture. Following the current taxonomy of Canadian tort law, it is suggested that torture could coherently be conceived as a distinct form of trespass against the person or, alternatively, as an especially violent form of misfeasance in public office.French Abstract Cet article propose la reconnaissance d'une nouvelle cause d'action en responsabiliteacute; deacute;lictuelle pour les actes de torture tels qu'ils sont deacute;finis en droit international. Apregrave;s avoir discuteacute; des particulariteacute;s normatives de la torture en tant que tort hybride, soit public et priveacute;, l'auteur avance des theacute;ories sur la possibiliteacute; et l'opportuniteacute; d'eacute;largir les cateacute;gories classiques des deacute;lits intentionnels pour accueillir un nouveau deacute;lit de torture. Agrave; la suite de la taxonomie actuelle du droit canadien de la responsabiliteacute; deacute;lictuelle, il est suggeacute;reacute; que la torture puisse ecirc;tre conccedil;ue de maniegrave;re coheacute;rente comme une forme distincte d'intrusion contre la personne ou, subsidiairement, comme une forme particuliegrave;rement violente d'abus dans les fonctions publiques.
| Author | : George P Fletcher |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 222 |
| Release | : 2008-10-03 |
| Genre | : Political Science |
| ISBN | : 1847314635 |
Download Tort Liability for Human Rights Abuses Book in PDF, Epub and Kindle
Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute. Beginning with an historical analysis Fletcher shows how tort and criminal law originally evolved to deal with similar problems, how tort came to be seen as primarily concerned with negligence and how the Alien Tort Statute has helped establish the importance of tort law in international cases. In a series of cases starting with Filartiga and culminating most recently in Sosa, Fletcher shows how torture cases led to the reawakening of the Alien Tort Statute, changing US law and giving legal practitioners a tool with which to assist victims of torture and other extreme human rights abuses. This leads to an examination of Agent Orange and the possible commission of war crimes in the course of its utilisation, and the theory of liability for aiding and abetting the US military and other military forces when they commit war crimes. The book concludes by looking at the cutting-edge cases in this area, particularly those involving liability for funding terrorism, and the remedies available, particularly the potential offered by the compensation chamber in the International Criminal Court.
| Author | : William J Aceves |
| Publisher | : BRILL |
| Total Pages | : 817 |
| Release | : 2007-04-30 |
| Genre | : Law |
| ISBN | : 9047431235 |
Download The Anatomy of Torture: A Documentary History of Filartiga v. Pena-Irala Book in PDF, Epub and Kindle
In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts. This litigation provides victims a voice and promotes accountability for violations of international law. This is the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the U.S., presented as a documentary history – an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks, this book emphasizes the dynamic nature of law. The pleadings and documents appear with minimal editing and are supplemented through commentary by various litigation participants. Published under the Transnational Publishers imprint.
| Author | : William J. Aceves |
| Publisher | : |
| Total Pages | : 188 |
| Release | : 2002 |
| Genre | : Administrative responsibility |
| ISBN | : |
Download United States of America--a Safe Haven for Torturers Book in PDF, Epub and Kindle
Torture is firmly prohibited by international law. It is a crime in all places and at all times. Indeed, torturers are considered 'hostis humani generis' (enemies of all humanity). When someone is tortured, it is an affront to human dignity. When torturers are not held accountable for their actions, it is an affront to justice. Impunity occurs when perpectrators of human rights abuses are not held accountable for their actions. It occurs when perpetrators refuse to acknowledge the wrongfulness of their conduct. It occurs when states refuse to accept responsibility for the acts of government agents. And it occurs when the international community allows perpetrators to go unpunished. Impunity is a problem in all countries, including the United States. For decades, the United Staes has condemned torture and other human rights abuses committed abroad. Yet it has failed to bring to justice the perpetrators of such abuses when they have entered the country. Accordingly, this report, which is part of Amnesty International's Campaign to Stop Torture, sets forth a multi-track strategy to ensure that the United States is not a safe haven for torturers.
| Author | : Matthew J. Jowanna |
| Publisher | : |
| Total Pages | : 89 |
| Release | : 2010 |
| Genre | : Human rights |
| ISBN | : |
Download Torture, American style Book in PDF, Epub and Kindle
| Author | : Campbell McLachlan |
| Publisher | : Oxford University Press |
| Total Pages | : 298 |
| Release | : 1996 |
| Genre | : Law |
| ISBN | : 9780198259190 |
Download Transnational Tort Litigation Book in PDF, Epub and Kindle
The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. The incidence of transborder harms is on the increase. One need only think of transboundary pollution (for example, fall-out from Chernobyl, the determination of proper forum for litigation of the Bhopal dispute); the rise in complex international fraud (Guinness, Ferranti, BCCI); the increase in scope for product liability and intellectual property litigation in international commerce; and transnational personal injury cases arising from the increased flow of persons across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve. In this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.
| Author | : Metin Baolu |
| Publisher | : Oxford University Press |
| Total Pages | : 571 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0199374627 |
Download Torture and Its Definition in International Law Book in PDF, Epub and Kindle
This book presents an interdisciplinary approach to definition of torture by a group of prominent scholars of behavioral sciences, international law, human rights, and public health. It represents a first ever attempt to compare behavioral science and international law perspectives on definitional issues and promote a sound theory- and evidence-based understanding of torture.
| Author | : Joseph Pugliese |
| Publisher | : Routledge |
| Total Pages | : 243 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 0415529743 |
Download State Violence and the Execution of Law Book in PDF, Epub and Kindle
State Violence and the Execution of Law examines how law plays a fundamental role in enabling state violence and, specifically, torture, secret imprisonment, and killing-at-a-distance.
| Author | : Alastair Mullis |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 577 |
| Release | : 2011-05-06 |
| Genre | : Law |
| ISBN | : 0230345697 |
Download Torts Book in PDF, Epub and Kindle
The previous editions of Torts were highly regarded for their clarity of explanation and engaging writing style, and this new fourth edition fully retains each of these qualities. The text has been extensively revised and updated, and there is a new chapter on privacy. The enhanced layout includes end of chapter summaries and self-test exercises and an extensive bibliography. This is therefore an ideal companion to the subject for both law undergraduates and GDL/CPE students.
