Justice Across Borders: The Struggle for Human Rights in U.S. Courts

Justice Across Borders: The Struggle for Human Rights in U.S. Courts

by Jeffrey Davis
     
 

ISBN-10: 0521878179

ISBN-13: 9780521878173

Pub. Date: 06/02/2008

Publisher: Cambridge University Press

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step

Overview

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. The book examines attempts by human rights groups to use the law to enforce human rights norms. It explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim. Moreover, it analyzes the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis’s analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.

Product Details

ISBN-13:
9780521878173
Publisher:
Cambridge University Press
Publication date:
06/02/2008
Pages:
318
Product dimensions:
5.98(w) x 8.98(h) x 0.87(d)

Related Subjects

Table of Contents

1. The seeds of legal accountability; 2. Competing forces in the struggle for accountability; 3. Human rights entrepreneurs: NGOs and the ATS revolution; 4. Separation of powers and human rights cases; 5. No safe haven: human rights cases challenging foreign countries and nationals; 6. Holding corporations accountable for human rights violations; 7. Sorting through the ashes: testing findings and predictions through quantitative analysis; 8. Impact and conclusion.

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