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Torture as Tort - Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hardcover)
Loot Price: R6,071
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Torture as Tort - Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hardcover)
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The controversial nature of seeking globalised justice through
national courts has become starkly apparent in the wake of the
Pinochet case in which the Spanish legal system sought to bring to
account under international criminal law the former President of
Chile,for violations in Chile of human rights of non-Spaniards.
Some have reacted to the involvement of Spanish and British judges
in sanctioning a former head of state as nothing more than legal
imperialism while others have termed it positive globalisation.
While the international legal and associated statutory bases for
such criminal prosecutions are firm, the same cannot be said of the
enterprise of imposing civil liability for the same
human-rights-violating conduct that gives rise to criminal
responsibility. In this work leading scholars from around the world
address the host of complex issues raised by transnational human
rights litigation. There has been, to date, little treatment, let
alone a comprehensive assessment, of the merits and demerits of
US-style transnational human rights litigation by non-American
legal scholars and practitioners. The book seeks not so much to
fill this gap as to start the process of doing so, with a view to
stimulating debate amongst scholars and policy-makers. The book's
doctrinal coverage and analytical inquiries will also be extremely
relevant to the world of transnational legal practice beyond the
specific question of human rights litigation.
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