Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation

by Craig Martin Scott

Overview

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.

Product Details

ISBN-13:	9781841130606
Publisher:	Bloomsbury Academic
Publication date:	05/01/2001
Pages:	776
Product dimensions:	6.14(w) x 9.21(h) x 1.62(d)

About the Author

Craig Scott is Professor of Law, Osgoode Hall Law School, and Director of the Nathanson Centre on Transnational Human Rights, Crime and Security of York University, Toronto

Editorial Reviews

…an invaluable contribution to the international legal literature. The value of the book is not solely in the novelty of its subject matter, but also in the thought-provoking, lucid and (sometimes) critical manner in which it deals with the myriad of issues raised by transnational human rights litigation. It is no exaggeration to state that Torture as Tort is now THE reference point of any inquiry by a non-American common-law lawyer seeking to make sense of the explosion of transnational tort litigation in the United States. Professor Scott is to be congratulated for his Herculean accomplishment” —Osgoode Hall Law Jourbanal

“This book is a great starting point for those interested in th eemerging field of transnational human rights limitation, and also those working in the area of internationalized criminal and human rights justice. It provides necessary and timely insight into a still emerging field ridden with philosophical, procedural, and substantive minefields.” —Human Rights Quarterly

“Torture as Tort is ... a good book and, above all, a necessary book.” —European Jourbanal of International Law

“the volume might be thought of as a massive, brilliant firework whose sparks may fall who knows where and result perhaps in a huge conflagration of activity.” —British Yearbook of International Law

From the Publisher

The catalyst for this volume was a request to Scott (York U. Law School, Toronto) from Sudanese exiles for advice on transnational avenues for seeking justice against members of their government. The 26 contributions address the frames and foundations of human rights cases; jurisdiction and immunity; choice of law and causes of action; evolving international law on recourse against non-state actors; legitimacy, intervention, and forging of national histories; and the borders of tort theory. Includes tables of cases and legislation. Appends the UN Convention Against Torture, the US code on Alien Tort Claims & Torture Victims Protection Act, provisions of Private International Law (UK, 1995), and an update on developments related to the discussion of the Pinochet case. Distributed in the US by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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