Justice across borders [electronic resource] : the struggle for human rights in U.S. courts / Jeffrey Davis.

By: Contributor(s): Material type: TextTextPublication details: Cambridge ; New York : Cambridge University Press, 2008.Description: xi, 303 pSubject(s): DDC classification:
  • 342.7308/8 22
LOC classification:
  • KF1309.5 .D38 2008
Online resources:
Contents:
The seeds of legal accountability -- Competing forces in the struggle for accountability -- Human rights entrepreneurs: NGOs and the ATS revolution -- Separation of powers and human rights cases -- No safe haven : human rights cases challenging foreign countries and nationals -- Holding corporations accountable for human rights violations -- Sorting through the ashes : testing findings and predictions through quantitative analysis -- Impact and conclusion.
Summary: This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute - a dormant provision of the 1789 Judiciary Act - for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. The book examines attempts by human rights groups to use the law to enforce human rights norms. It explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim. Moreover, it analyzes the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
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e-book e-book KNCHR Library SharePoint Non-Fiction KF1309.5 .D38 2008 (Browse shelf(Opens below)) Link to resource Available
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Includes bibliographical references and index.

The seeds of legal accountability -- Competing forces in the struggle for accountability -- Human rights entrepreneurs: NGOs and the ATS revolution -- Separation of powers and human rights cases -- No safe haven : human rights cases challenging foreign countries and nationals -- Holding corporations accountable for human rights violations -- Sorting through the ashes : testing findings and predictions through quantitative analysis -- Impact and conclusion.

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute - a dormant provision of the 1789 Judiciary Act - for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. The book examines attempts by human rights groups to use the law to enforce human rights norms. It explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim. Moreover, it analyzes the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

Electronic reproduction. Ann Arbor, MI : ProQuest, 2015. Available via World Wide Web. Access may be limited to ProQuest affiliated libraries.

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