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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 :
Publisher :
ISBN 13 : 9780937299463
Total Pages : 44 pages
Book Rating : 4.2/5 (994 download)
Download or read book The Alien Tort Statute and Its Implications for Multinational Corporations written by and published by . This book was released on 2003 with total page 44 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: The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.
Author : Gary Clyde Hufbauer
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)
Download or read book International Implications of the Alien Tort Statute written by Gary Clyde Hufbauer and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Statute of 1789 (ATS) remained virtually dormant until it was revived by the 1980 decision of the Second Circuit in Filartiga vs. Pena-Irala. Since Filartiga, plaintiffs, who are neither US citizens nor residents, have invoked the ATS for a widening range of claims alleging large damages from acts committed outside the United States. ATS suits are increasingly targeting the deep pockets of multinational corporations. In an upcoming case, Sosa vs. Alvarez-Machain, the US Supreme Court will have to address whether the ATS grants federal courts a flexible power to create new torts corresponding to evolving norms in the 'law of nations'. The authors contend that a broad interpretation of the ATS will make US federal courts agents of judicial imperialism, doing great damage to foreign relations, as well as international trade and investment.
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 :
Publisher : American Bar Association
ISBN 13 : 9781616327163
Total Pages : 500 pages
Book Rating : 4.3/5 (271 download)
Download or read book Human rights and the alien tort statute written by and published by American Bar Association. This book was released on with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ralph Gustav Steinhardt
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004632719
Total Pages : 457 pages
Book Rating : 4.0/5 (46 download)
Download or read book The Alien Tort Claims ACT written by Ralph Gustav Steinhardt and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
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 : 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 : Michael John Garcia
Publisher : DIANE Publishing
ISBN 13 : 1437930263
Total Pages : 19 pages
Book Rating : 4.4/5 (379 download)
Download or read book International Law and Agreements written by Michael John Garcia and published by DIANE Publishing. This book was released on 2011-04 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an intro. to the roles that international law and agreements play in the U.S. International law is derived from two primary sources ¿ international agreements (IA) and customary practice. Under the U.S. legal system, IA can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the exec. branch, but Congress also plays an essential role. Contents of this report: (1) Intro.; (2) Forms of IA: Treaties; Executive Agreements; Nonlegal Agreements; (3) Effects of IA on U.S. Law; (4) Customary International Law; (5) Reference to Foreign Law by U.S. Courts. This is a print on demand edition of an important, hard-to-find report.
Author : Muzaffer Eroglu
Publisher : Edward Elgar Publishing
ISBN 13 : 1848444982
Total Pages : 345 pages
Book Rating : 4.8/5 (484 download)
Download or read book Multinational Enterprises and Tort Liabilities written by Muzaffer Eroglu and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.
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 : Pınar Kara
Publisher : Springer Nature
ISBN 13 : 3031293363
Total Pages : 301 pages
Book Rating : 4.0/5 (312 download)
Download or read book Tort Liability in Multinational Corporate Groups written by Pınar Kara and published by Springer Nature. This book was released on 2023-06-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.
Author : Anthony A. D'Amato
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 484 pages
Book Rating : 4.F/5 ( download)
Download or read book The Alien Tort Claims Act written by Anthony A. D'Amato and published by Brill Nijhoff. This book was released on 1999 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography. Published under the Transnational Publishers imprint.
Author : Harry Asa'na Akoh
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (643 download)
Download or read book How a Country Treats Its Own Nationals is No Longer a Matter of Exclusive Domestic Concern written by Harry Asa'na Akoh and published by . This book was released on 2009 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law today is a discipline rife with dissensions. This is largely because international law has meant different things to different generations of scholars and nation-states. In 1996 a United States circuit court in Atlanta affirmed a civil judgment against an Ethiopian defendant in an action initiated by Ethiopian citizens for violations of that country's law and international law. But about a decade earlier in 1984 another appeal court denied to enforce claims against Libyan and Palestinian defendants under international law because according to the court, international law is dedicated exclusively to the relationship between independent states and not their citizens. Although such different interpretations may appear startling, over the previous centuries, courts have eschewed one view while embracing the other. It is thus imperative to examine what constitutes international law or under what authority a U.S. court could challenge another state's treatment of its own citizens, in its own land, under its own laws. The Judiciary Act of 1789 which created the Alien Tort Statute, a relatively obscure piece of legislation is at the center of these actions. But what was the original intent of the Alien Tort Statute? Is it possible to reconstruct the meaning of that statute? To answer these questions, this dissertation critically interrogated the meaning of international law and the law of nations as it existed at the time of the founding of the United States. What was called the law of nations and subsequently international law revealed multiple meanings. In unpacking the history of the Alien Tort Statute, this dissonance was reflected in the conflicts which assailed the discipline. This dissertation therefore reproduces the dissensions as it analyzes and reconstructs a hitherto unexplored front in this debacle: lawsuits filed by some Africans in the United States under the Alien Tort Statute against their leaders and corporations for egregious human rights violations in Africa. In the end therefore, the issue becomes, can justice and reparations be achieved in United States courts for human rights violations committed in Africa?
Author : Emeka Duruigbo
Publisher : BRILL
ISBN 13 : 9004480730
Total Pages : 278 pages
Book Rating : 4.0/5 (44 download)
Download or read book Multinational Corporations and International Law: Accountablility and Compliance Issues in the Petroleum Industry written by Emeka Duruigbo and published by BRILL. This book was released on 2021-10-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author proposes that international law can be strengthened by incorporating and integrating multinational corporations more fully into the international legal system. The establishment of international norms of corporate responsibility and accountability under accepted international law could thereby lead to mutual benefits. Multinational corporations would enjoy de jure protections enhancing their global business activities; and countries where these corporations have considerable social, economic and environmental effect on their communities will have recourse to hold corporations accountable for harmful actions. Published under the Transnational Publishers imprint.
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.
