Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download The Alien Tort Statute And Its Implications For Multinational Corporations full books in PDF, epub, and Kindle. Read online The Alien Tort Statute And Its Implications For Multinational Corporations ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : Linda A. Willett
Publisher :
ISBN 13 :
Total Pages : 62 pages
Book Rating : 4.F/5 ( download)
Download or read book The Alien Tort Statute and Its Implications for Multinational Corporations written by Linda A. Willett and published by . This book was released on 2003 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Koebele
Publisher : BRILL
ISBN 13 : 9047427114
Total Pages : 428 pages
Book Rating : 4.0/5 (474 download)
Download or read book Corporate Responsibility under the Alien Tort Statute written by Michael Koebele and published by BRILL. This book was released on 2009-04-24 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his book, Michael Koebele examines the potential liability of transnational corporations under the Alien Tort Statute (also known as Alien Tort Claims Act) for violations of international law in connection with their operations and investments worldwide.
Author : Gary Clyde Hufbauer
Publisher : Peterson Institute for International Economics
ISBN 13 : 9780881323665
Total Pages : 0 pages
Book Rating : 4.3/5 (236 download)
Download or read book Awakening Monster written by Gary Clyde Hufbauer and published by Peterson Institute for International Economics. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the next decade, 100,000 class action Chinese plaintiffs, organized by New York trial lawyers, could sue General Motors, Toyota, General Electric, Mitsubishi, and a host of other blue-chip corporations in a US federal court for abetting China's denial of political rights, for observing China's restrictions on trade unions, and for impairing the Chinese environment. These plaintiffs might claim actual damages of $6 billion and punitive damages of $20 billion. Similar blockbuster cases are already working their way through federal and state court systems. This nightmare scenario could become a reality because of a little-known, one-sentence law enacted in 1789--the Alien Tort Statute (ATS): "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." In this policy analysis, Gary Clyde Hufbauer and Nicholas K. Mitrokostas examine the chilling impact the ATS could have on trade and foreign direct investment. They trace its history from the original intent to recent court interpretations, including a look at class action suits over asbestos and apartheid. They provide an economic picture of the potential scope of ATS litigation, cite the possible collateral damage, and review the impact that ATS rulings could have on global relations. The authors recommend measures Congress should take to limit expansive court interpretations. The study is a must-read for policymakers, international lawyers, and students.
Author : Niels Beisinghoff
Publisher : Peter Lang
ISBN 13 : 9783631584187
Total Pages : 352 pages
Book Rating : 4.5/5 (841 download)
Download or read book Corporations and Human Rights written by Niels Beisinghoff and published by Peter Lang. This book was released on 2009 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can human rights be enforced against corporations? This work analyses different enforcement mechanisms. It examines one of the most powerful instruments: the Alien Tort Claims Act (ATCA) litigation in the United States. The ATCA has been used as one of the chief weapons in a 21st-century battle over corporate responsibility in the age of globalization. For instance, the ATCA has been invoked to seek compensation from German companies in respect of forced labor during the Holocaust. Further examples include claims relating to genocide against a Canadian company, forced labor claims against a US company and numerous others. The ATCA litigation often refers to the «law of nations», but do the US courts interpret this term consistently with other accepted interpretations of international law? The short answer to that question is 'no'. However, in the absence of enforceable international law mechanisms, this lacuna needs to be filled. Domestic litigation of matters that are inherently transnational in character, as occurs in ATCA human rights litigation, represents a viable mechanism to enforce human rights.
Author : David Kinley
Publisher : Routledge
ISBN 13 : 1351929623
Total Pages : 565 pages
Book Rating : 4.3/5 (519 download)
Download or read book Human Rights and Corporations written by David Kinley and published by Routledge. This book was released on 2017-05-15 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems and potential of the relationship.
Author : George P Fletcher
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314635
Total Pages : 222 pages
Book Rating : 4.8/5 (473 download)
Download or read book Tort Liability for Human Rights Abuses written by George P Fletcher and published by Bloomsbury Publishing. This book was released on 2008-10-03 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Dorothée Baumann-Pauly
Publisher : Routledge
ISBN 13 : 1317563921
Total Pages : 261 pages
Book Rating : 4.3/5 (175 download)
Download or read book Business and Human Rights written by Dorothée Baumann-Pauly and published by Routledge. This book was released on 2016-04-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate, challenges faced by companies and stakeholders in improving human rights, industry-specific human rights standards, current mechanisms to hold corporations to account, future challenges for business and human rights. With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.
Author : Surya Deva
Publisher : Cambridge University Press
ISBN 13 : 1107036879
Total Pages : 451 pages
Book Rating : 4.1/5 (7 download)
Download or read book Human Rights Obligations of Business written by Surya Deva and published by Cambridge University Press. This book was released on 2013-11-21 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the Ruggie Framework and the Guiding Principles on Business and Human Rights, and investigates the normative foundations as well as the nature, extent and enforcement of corporate obligations for the realisation of human rights.
Author : James B. Whisker
Publisher : Nova Science Publishers
ISBN 13 : 9781536148893
Total Pages : 0 pages
Book Rating : 4.1/5 (488 download)
Download or read book The Alien Tort Claims Act written by James B. Whisker and published by Nova Science Publishers. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Claim Act, aka the Alien Tort Statute, was part of the Judiciary Act of 1789. Only in 1980 did the U.S. federal courts find any significant meaning in it. Initially, the ATCA applied to violations of basic rules of international law, such as piracy. It was applied at the beginning of 1980 to human rights violations. Its meaning was expanded to incorporate liability, but in 2013 the U.S. Supreme Court ended such lawsuits.
Author : Doreen Lustig
Publisher : Law and Global Governance
ISBN 13 : 019882209X
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)
Download or read book Veiled Power written by Doreen Lustig and published by Law and Global Governance. This book was released on 2020-05-07 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Veiled Power conducts a thorough historical study of the relationship between international law and business corporations. It chronicles the emergence of the contemporary legal architecture for corporations in international law between 1886 and 1981. Doreen Lustig traces the relationship between two legal 'veils': the sovereign veil of the state and the corporate veil of the company. The interplay between these two veils constitutes the conceptual framework this book offers for the legal analysis of corporations in international law. By weaving together five in-depth case studies - Firestone in Liberia, the Industrialist Trials at Nuremberg, the Anglo-Iranian Oil Company, Barcelona Traction and the emergence of the international investment law regime - a variety of contexts are covered, including international criminal law, human rights, natural resources, and the multinational corporation as a subject of regulatory concern. Together, these case studies offer a multifaceted account of the history of corporations in international law over time. The book seeks to demonstrate the facilitative role of international law in shaping and limiting the scope of responsibility of the private business corporation from the late-nineteenth century and throughout the twentieth century. Ultimately, Lustig suggests that, contrary to the prevailing belief that international law failed to adequately regulate private corporations, there is a history of close engagement between the two that allowed corporations to exert influence under a variety of legal regimes while obscuring their agency.
Author : André Nollkaemper
Publisher : Cambridge University Press
ISBN 13 : 1107107091
Total Pages : 1229 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Author :
Publisher : Createspace Independent Pub
ISBN 13 : 9781508807438
Total Pages : 206 pages
Book Rating : 4.8/5 (74 download)
Download or read book "Ethically Impossible" written by and published by Createspace Independent Pub. This book was released on 2011 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In response to a request by President Barak Obama on November 24, 2010, the Presidential Commission for the Study of Bioethical Issues oversaw a thorough fact-finding investigation into the specifics of the U.S. Public Health Service-led studies in Guatemala involving the intentional exposure and infection of vulnerable populations. Following a nine-month intensive investigation, the Commission has concluded that the Guatemala experiments involved gross violations of ethics as judged against both the standards of today and the researchers' own understanding of applicable contemporaneous practices. It is the Commission's firm belief that many of the actions undertaken in Guatemala were especially egregious moral wrongs because many of the individuals involved held positions of public institutional responsibility. The best thing we can do as a country when faced with a dark chapter is to bring it to light. The Commission has worked hard to provide an unvarnished ethical analysis to both honor the victims and make sure events such as these never happen again.
Author : Leora Bilsky
Publisher : University of Michigan Press
ISBN 13 : 0472123092
Total Pages : 256 pages
Book Rating : 4.4/5 (721 download)
Download or read book The Holocaust, Corporations, and the Law written by Leora Bilsky and published by University of Michigan Press. This book was released on 2017-09-12 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history. Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.
Author : Penelope Simons
Publisher : Routledge
ISBN 13 : 1317576292
Total Pages : 461 pages
Book Rating : 4.3/5 (175 download)
Download or read book The Governance Gap written by Penelope Simons and published by Routledge. This book was released on 2014-07-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy’s experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including the UN Guiding Principles on Business and Human Rights. They conclude that such mechanisms are incapable of systematically preventing human rights violating behaviour by transnational corporations, or of assuring accountability of these actors or recompense for victims of such violations. The authors contend that home state regulation, while not a silver bullet, has a crucial role to play in regulating such conduct. They pick up where UN Special Representative John Ruggie’s Guiding Principles on Business and Human Rights left off, and propose an innovative, robust and adaptable template for strengthening the regulatory framework of home states. Their model draws insights from the theoretical literature, leverages existing public, private, transnational, national, ‘soft’ and hard regulatory tools, and harnesses the specific strengths of state-based governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.
Author : Sarah Joseph
Publisher : Hart Publishing
ISBN 13 : 1841134570
Total Pages : 190 pages
Book Rating : 4.8/5 (411 download)
Download or read book Corporations and Transnational Human Rights Litigation written by Sarah Joseph and published by Hart Publishing. This book was released on 2004-08 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines ways of holding multinational corporations liable for offshore human rights abuses in the courts of the companies' home States.
Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)
Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Author : Lance A. Compa
Publisher : University of Pennsylvania Press
ISBN 13 : 9780812218718
Total Pages : 324 pages
Book Rating : 4.2/5 (187 download)
Download or read book Human Rights, Labor Rights, and International Trade written by Lance A. Compa and published by University of Pennsylvania Press. This book was released on 2003-08-30 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A significant contribution to current legal, political, and economic discourse on workers in the global economy."—International and Comparative Law Quarterly
