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American transitional justice : writing Cold War history in human rights litigation / Natalie R. Davidson.
- Format:
- Book
- Author/Creator:
- Davidson, Natalie R., 1975- author.
- Series:
- Human rights in history
- Language:
- English
- Subjects (All):
- Government liability--United States--Cases.
- Government liability.
- Immunities of foreign states--United States--Cases.
- Immunities of foreign states.
- Transitional justice--United States--Cases.
- Transitional justice.
- Cold War--Law and legislation--United States--Cases.
- Cold War.
- United States. Alien Tort Claims Act.
- United States.
- Cold War--Law and legislation.
- Physical Description:
- 1 online resource (x, 210 pages) : digital, PDF file(s).
- Place of Publication:
- Cambridge : Cambridge University Press, 2020.
- System Details:
- text file
- Summary:
- Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that US courts produced a whitewashed history of US involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from US courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in US courts.
- Contents:
- Introduction : Revisiting the Gilded Age of Transnational Human Rights Litigation in U.S. Courts
- Alien Tort Statute Litigation in Legal Practice and the Legal Imagination
- "Foreign Torture, American Justice" : Filártiga in the United States
- Filártiga in Paraguay
- Narrating the Marcos Regime in U.S. Courts
- The Marcos Case and Transitional Justice in the Philippines
- Conclusion.
- Notes:
- Title from publisher's bibliographic system (viewed on 11 Jun 2020).
- Other Format:
- Print version:
- ISBN:
- 9781108774529
- Access Restriction:
- Restricted for use by site license.
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