Tort Liability for Human Rights Abuses
By (author) George P. Fletcher
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Tort Liability for Human Rights Abuses by George P. Fletcher
Book DescriptionAdvancing 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.
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Book DetailsISBN: 9781841137940
(216mm x 138mm x 11mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 22-Aug-2008
Country of Publication: United Kingdom
Books By Author George P. Fletcher
Bond, Paperback (August 2009)
This novel is at one and the same time a tale of university life and a fascinating journey into the philosophical world of law.
Grammar of Criminal Law, Hardback (June 2007)
This 3-volume work addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism to torture. The text is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language.
American Law in a Global Context, Paperback (February 2005)» View all books by George P. Fletcher
Provides an introduction to the American legal system from a global perspective. This book is designed to help the foreign student grasp the basic ideas of pedagogy, legal institutions and substantive law in the US. It serves as a reference source for LLM students, undergraduates, and students of US law in other countries.
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Author Biography - George P. Fletcher
George P Fletcher is the Cardozo Professor of Jurisprudence at Columbia University in New York.
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