Download Torture as Tort: Comparative Perspectives on the Development by Craig Scott PDF
By Craig Scott
The debatable nature of looking globalized justice via nationwide courts has develop into starkly obvious within the wake of the Pinochet case during which the Spanish criminal procedure sought to carry to account less than foreign felony legislation the previous President of Chile, for violations in Chile of human rights of non-Spaniards. a few have reacted to the involvement of Spanish and British judges in sanctioning a former head of nation as not anything greater than criminal imperialism whereas others have termed it confident globalization. whereas the foreign felony and linked statutory bases for such legal prosecutions are enterprise, an identical can't be stated of the company of enforcing civil legal responsibility for a similar human-rights-violating behavior that offers upward push to legal accountability. during this paintings, major students from world wide tackle the host of complicated concerns raised by way of transnational human rights litigation. The book's doctrinal assurance and analytical inquiries may be super correct to the area of transnational felony perform past the explicit query of human rights litigation.
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Additional info for Torture as Tort: Comparative Perspectives on the Development of Transnational Tort Litigation
15 Use of the corporate accountability context has the additional benefit of helping make clear that the field of transnational human rights litigation need not be an all-or-nothing question of “pure” universal civil jurisdiction—that is, foreign nationals suing foreign nationals for human rights violations that occurred in a country other than that of the court asked to hear the case—but can also be one way of conceptualising a special form of civil law accountability of nationals for their conduct abroad.
58 Prot. 1, Art. 139, 140, 149, 404, 667 xxxviii Table of Legislation Art. 142 Prot. 215 3. EUROPEAN COMMUNITIES EC Treaty Art. 336, 340 Art. C. 336, 340 4. 625 Statutes Amendment (Capital Punishment Abolition) Act 1976 (S. 613 Supreme Court Act 1935 (S. 611 Table of Legislation xxxix Canada Automobile Insurance Act 1977 ss. 427, 636 637 ss. 418 Chile Law 18342 Art. 570 Art. 571 France Code of Criminal Procedure Art. 528 Germany Bundesgesetzbuch para. 698, 699, 701, 702 Art. 638 Art. 607 Art. 582 Switzerland Constitution Art.
159 ILO Convention (No. 519 Art. 6, 36, 58, 88, 90, 92, 116, 124, 159, 175, 176, 250, 251, 304, 378, 389, 392, 394, 395, 396, 402, 516, 517, 527, 588, 615, 618, 625, 667, 682 Art. 175, 177 Optional Prot. 278 Treaty of Versailles 1919 Arts. 230, 479 Chap. 469, 470, 481 Art. 37, 256, 425 Table of Legislation xxxvii Art. 304 Art. 607 Vienna Convention on Diplomatic Relations Art. 272 Art. 173, 598 2. 531 Art. 58 Prot. 1, Art. 139, 140, 149, 404, 667 xxxviii Table of Legislation Art. 142 Prot. 215 3.