Tort Liability for Human Rights Abuses

ISBN: 9781841137940 出版年：2008 页码：222 George P Fletcher Bloomsbury Publishing

1 General tort principles: the general principles of the common law and civil law systems. Why tort law is of importance to the international practitioner today. 2 Conflicting Paradigms: fairness vs. efficiency, how this plays out in the new era of using torts to protect human rights. 3. The History of ATS: the 1789 statute in the US for protection foreign plaintiffs against human rights abuses. 4 From Filartiga to Sosa: The early history of the statute and its sudden reawakening in 1980 in the Filartiga torture case. Other cases leading up to the Supreme Court decision in Sosa 5. The 21st Century: detailed analysis of the 2004 Sosa opinion, the benchmark for all future cases. 6. Agent Orange and War Crimes: The theory liability of aiding and abetting the American military and other mlitary forces when they commit war crimes. 7. Arab Banks and the Liability for Funding Terrorism, the cutting edge cases in this area. 9. International remedies. The compensation chamber in the ICC and its potential.