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Tort Liability for Human Rights Abuses (Paperback)
Loot Price: R1,623
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Tort Liability for Human Rights Abuses (Paperback)
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Advancing a bold theory of the relevance of tort law in the fight
against human rights abuses, celebrated US law professor George
Fletcher here challenges the community of international lawyers to
think again about how they can use the Alien Tort Statute.
Beginning with an historical analysis Fletcher shows how tort and
criminal law originally evolved to deal with similar problems, how
tort came to be seen as primarily concerned with negligence and how
the Alien Tort Statute has helped establish the importance of tort
law in international cases. In a series of cases starting with
Filartiga and culminating most recently in Sosa, Fletcher shows how
torture cases led to the reawakening of the Alien Tort Statute,
changing US law and giving legal practitioners a tool with which to
assist victims of torture and other extreme human rights abuses.
This leads to an examination of Agent Orange and the possible
commission of war crimes in the course of its utilisation, and the
theory of liability for aiding and abetting the US military and
other military forces when they commit war crimes. The book
concludes by looking at the cutting-edge cases in this area,
particularly those involving liability for funding terrorism, and
the remedies available, particularly the potential offered by the
compensation chamber in the International Criminal Court.
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