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

Format:

Book

Author/Creator:

Davis, Jeffrey, 1967- author.

Language:

English

Subjects (All):

United States. Alien Tort Claims Act.

United States.

Administrative responsibility--United States.

Administrative responsibility.

Noncitizens--United States.

Noncitizens.

Government liability (International law).

International crimes.

Physical Description:

1 online resource (xi, 303 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2008.

System Details:

text file

PDF

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. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He 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 and analyses 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.

Contents:

The seeds of legal accountability

Competing forces in the struggle for accountability : An overview of the issues entangling ATS litigation

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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511809521

Access Restriction:

Restricted for use by site license.