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Justice across borders the struggle for human rights in U S courts 1st Edition by Jeffrey Davis ISBN 0521702402 9780521878173

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Justice across borders the struggle for human rights in U S courts 1st Edition Jeffrey Davis Digital Instant Download

Author(s): Jeffrey Davis
ISBN(s): 9780521878173, 0521702402
Edition: 1
File Details: PDF, 1.76 MB
Year: 2008
Language: english
SKU: EB-1221730 Categories: , Tag:

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ISBN 10: 0521702402 
ISBN 13: 9780521878173
Author: Jeffrey Davis

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. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He 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 and analyses 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.

Justice across borders the struggle for human rights in U S courts 1st Table of contents:

ONE The Seeds of Legal Accountability

  • THE REACH OF JUSTICE – ROMAGOZA V. GARCIA

  • ORIGINS OF HUMAN RIGHTS LAW

  • NUREMBERG – THE ROOTS OF JUDICIAL ENFORCEMENT

    • Embracing Legal Accountability

    • Nuremberg and National Sovereignty

    • Head of State Immunity

    • International Law and Human Rights

    • Indirect and Private Liability

  • ACCOUNTABILITY

  • THE FIRST ATS HUMAN RIGHTS CASE – FILARTIGA V. PEÑA-IRALA

TWO Competing Forces in the Struggle for Accountability: An Overview of the Issues Entangling ATS Litigation

  • THE SUPREME COURT SPEAKS – SOSA V. ALVAREZ-MACHAIN (2004)

    • History of the ATS

    • Facilitating a Cause of Action

    • The Law of Nations and Federal Common Law

    • Allowing Causes of Action Under the ATS

    • Separation of Powers

    • Extraterritorial Jurisdiction

    • STATE SOVEREIGNTY

    • PRIVATE LIABILITY

    • THEORETICAL FRAMEWORK

THREE Human Rights Entrepreneurs: NGOs and the ATS Revolution

  • THE ROLE OF NGOS IN HUMAN RIGHTS LITIGATION IN U.S. COURTS

    • Starting the ATS Revolution

    • Legal Innovation

    • Private Defendants

    • Command Responsibility

    • Extending the Reach of the ATS to More Violations

    • Pushing the Broader Human Rights Agenda through ATS Cases

    • Universal Jurisdiction

    • Addressing U.S. Foreign Policy

    • Facilitating Impact in the Community and at Home

  • SUCCESS OF NGOS IN ATS LITIGATION

    • Relationships with Clients

    • Human Rights Network

    • Expertise

    • Selectivity

    • Work with Private Firms

  • CONCLUSION

FOUR Separation of Powers and Human Rights Cases

  • CASES AGAINST THE UNITED STATES

    • Sovereign Immunity in Cases against the U.S. Government

    • The Political Question Doctrine

    • State Secrets Defense

    • Challenging the Doctrine of Deference

    • The Military Commissions Act of 2006

  • U.S. INVOLVEMENT IN HUMAN RIGHTS CASES AGAINST OTHER DEFENDANTS

    • An Example of Executive Branch Intervention – Sarei v. Rio Tinto

    • Before the Federal Court for the Central District of California

    • Standard for Reviewing Executive Branch Submission

    • Before the Ninth Circuit Court of Appeals

    • ANALYZING EXECUTIVE BRANCH INVOLVEMENT

      • The Carter Administration

      • The Reagan Administration

      • The George H. W. Bush Administration

      • The Clinton Administration

      • The George W. Bush Administration

    • A New Administration and a New Approach – The Unocal Case

    • Motivations for the Bush Administration Approach

    • Foreign Policy and the Political Question Doctrine

    • Ideology

    • Political Opposition to ATS Claims

    • Ideological View on the Relative Power of the Executive and Judiciary

    • Avoiding Reprisal Litigation

    • Responding to Political Pressure

  • JUDICIAL HANDLING OF EXECUTIVE INTERVENTION

    • Weight

    • Immunity Cases

    • Foreign Policy and Political Question Cases

  • CONCLUSION

FIVE No Safe Haven: Human Rights Cases Challenging Foreign Countries and Nationals

  • EXTRATERRITORIAL JURISDICTION

  • Forum Non Conveniens

  • Exhaustion of Local Remedies

  • SOVEREIGNTY

  • Official Immunity

  • Act of State Doctrine

  • INTERNATIONAL COMITY

  • STATUTE OF LIMITATIONS

  • CONCLUSION

SIX Holding Corporations Accountable for Human Rights Violations

  • LIABILITY OF PRIVATE CORPORATIONS

  • STATING A CLAIM UNDER THE LAW OF NATIONS

  • Suing Corporations for Violent Human Rights Violations

  • Environmental and Other Nonviolent International Law Violations

  • CONCLUSION

SEVEN Sorting through the Ashes: Testing Findings and Predictions through Quantitative Analysis

  • MODELING THE COMPETING FORCES IN POST-SOSA ATCA CASES

    • Human Rights NGOs

    • Separation of Powers

    • Violations of International Law

    • State Sovereignty

    • Territorial Jurisdiction

    • Precedent

    • Ideology

    • Corporate Defendants

  • DISTRICT COURT RESULTS

  • COURT OF APPEALS RESULTS

  • IMPLICATIONS

EIGHT Impacts and Conclusion

  • HUMAN RIGHTS NGOS AND THE STRUGGLE FOR HUMAN RIGHTS

  • SEPARATION OF POWERS

  • CASES INVOLVING FOREIGN NATIONS AND OFFICIALS

  • CASES AGAINST CORPORATE DEFENDANTS

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