Torture as tort : comparative perspectives on the development of transnational human rights litigation / edited by Craig Scott.

Oxford : Hart Publ, 2001.

22292

Private law, constitutionalism and the limits of the judicial role.

Torture.

Torts.

Human rights.

International law.

Part I: Frames and foundations: 1. Introduction to Torture as Tort: from Sudan to Canada to Somalia / Craig Scott

2. Translating torture into transnational tort: conceptual divides in the debate on corporate accountability for human rights harms / Craig Scott

3. International human rights tort claims and the experience of United States courts: an introduction to the US case law, key statutes and doctrines / Michael Swan

4. Taking Filártiga on the road: why courts outside the United States should accept jurisdiction over actions involving torture committed abroad / John Terry

5. Torture: prevention versus punishment? / Malcolm Evans and Rod Morgan Part II: Jurisdiction and immunity: 6. Taking jurisdiction in transnational human rights tort litigation: universality jurisdiction's relationship to ex juris service, Forum Non Conveniens and the presumption of territoriality Anne C McConville

7. Geographies of injustice: human rights at the altar of convenience / Upendra Baxi

8. The Commercial activity exception to sovereign immunity and the boundaries of contemporary international legalism / Robert Wai

9. In search of a defence of the transnational human rights paradigm: may jus cogens norms be invoked to create implied exceptions in domestic immunity statutes / Wendy Adams

10. Impunity and the United States Convention Against Torture: a shadow play without an ending? / Peter Burns and Sean McBurney

Part III: Characterisation, choice of law and causes of action: 11. Torture, tort choice of law, and Tolofson . Jennifer A Orange

12. Characterisation, choice of law, and human rights / Graham Virgo

13. The Emperor's new clothes: defabricating the myth of "act of state" in Anglo-Canadian law / Martin Bühler

14. Grounding a course of action for torture in transnational law, by Sandra Raponi

15. International human rights law and the tort of torture: what possibility for Canada? / Edward M Hyland

Part IV: Evolving international law on civil recourse against non-state actors: 16. Holding leaders liable for torture by others: command responsibility and respondeat superior as frameworks for derivative civil liability / Valerie Oosterveld and Alejandra Flah

17. Responsibility and liability for violations of human rights in the course of UN field operations / Chanaka Wickremasinghe and Guglielmo Verdirame

18. Linking state responsibility for certain harms caused by corporate nationals abroad to civil recourse in the legal systems of home states / Muthucumaraswamy Sornarajah

19. Revisiting Human Rights in the Private Sphere: using the European Convention on Human Rights to protect the right of access to the civil courts / Andrew Clapham

20. Civil remedies for torture committed abroad: an obligation under the Convention Against Torture? / Andrew Byrnes

Part V: Legitimacy, intervention and the forging of national histories: 21. Doing the right thing? Foreign tort law and human rights / Jan Klabbers

22. Just amnesty and private international law / Jennifer Llewellyn

23. Cultural challenges: injunctions in Australian Courts and the right to demand the death penalty under Saudi Arabian law / Belinda Wells and Michael Burnett

24. Israel and the recognition of torture: domestic and international aspects / Amnon Reichman and Tsvi Kahana

Part VI: On the borders of tort theory: 25. An Uncivil action: the tort of torture and cosmopolitan private law / Mayo Moran

26. Private law, constitutionalism and the limits of the judicial role / Oliver Gerstenberg.

Includes index.

1841130605

xliii, 731p