International Human Rights Litigation in U.S. Courts

2nd Revised Edition
2. Auflage 2008
ISBN: 978-1-57105-353-4
Verlag: Brill

Buch, Englisch, 620 Seiten, Format (B × H): 163 mm x 239 mm, Gewicht: 1066 g

Of inestimable value to human rights litigators and activists, this manual provides a step-by-step practical guide to handling lawsuits in the United States for human rights abuses committed in other countries. The authors fully cover the relevant statutory law and jurisprudence, especially the Alien Tort Claims Act and the Torture Victim Protection Act. They also discuss the thornier issues that often arise in such cases, including problems of jurisdiction and immunity, choice of law, and sources of international law.

Published under the Transnational Publishers imprint.

Autoren/Hrsg.

Stephens, Beth

Ratner, Michael

Chomsky, Judith

Green, Jennifer

Hoffman, Paul

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

PART I: THE ALIEN TORT STATUTE (ATS)
Chapter 1: The Alien Tort Statute (ATS): From 1789 to Filártiga, Sosa, and Beyond
Chapter 2: Understanding the Alien Tort Statute (ATS): The Analytic Framework
Chapter 3: Plaintiffs, Defendants, and Violations in Alien Tort Statute (ATS) Suits

PART II: OTHER BASES FOR SUIT
Chapter 4: The Torture Victim Protection Act (TVPA)
Chapter 5: Jurisdiction Over States: The Foreign Sovereign Immunities Act (FSIA)
Chapter 6: Other Grounds for Human Rights Litigation

PART III: ACTIONABLE HUMAN RIGHTS VIOLATIONS
Chapter 7: Historical Paradigms, Modern Violations
Chapter 8: Treaty Violations

PART IV: PARTIES
Chapter 9: The Plaintiff: Who Can Sue?
Chapter 10: Who Can Be Sued I: Personal Jurisdiction and Theories of Liability
Chapter 11: Who Can Be Sued II: U.S. and Local Government Defendants
Chapter 12: Who Can Be Sued III: Corporations

PART V: DEFENSES AND IMMUNITIES
Chapter 13: Foreign Affairs and Separation of Powers
Chapter 14: Immunities
Chapter 15: Miscellaneous Defenses
Chapter 16:The Role of the Executive Branch

PART VI: LITIGATION
Chapter 17: Preparing and Filing a Manageable Case
Chapter 18: After the Complaint Is Filed and Served
Chapter 19: Discovery
Chapter 20: Proving a Case
Chapter 21: Remedies

PART VII: HISTORICAL JUSTICE CLAIMS
Chapter 22: Historical Justice Claims

Über Autor(innen)

The five authors have decades of experience with human rights litigation and have published dozens of articles about the topics covered in the book:

Beth Stephens, a law professor at Rutgers-Camden School of Law, has litigated international human rights cases with the Center for Constitutional Rights (CCR) and written extensively about the issues covered in this book. She is on the Board of Directors of the Center for Justice and Accountability (CJA).
Judith Brown Chomsky is a civil and human rights lawyer and a cooperating attorney with CCR. Her present practice focuses almost exclusively on international human rights cases.
Jennifer Green is a Senior Staff Attorney at CCR, where she specializes in international human rights legal actions in U.S. courts and international bodies. Much of her work focuses on international women's international human rights.
Paul Hoffman, a civil rights lawyer and partner in Schonbrun DeSimone Seplow Harris and Hoffman LLP, has litigated numerous human rights cases and argued Sosa v. Alvarez-Machain in the U.S. Supreme Court. He is one of the co-founders of CJA.
Michael Ratner is President of CCR and has litigated numerous human rights cases throughout the world. He led CCR in its aggressive legal fight against the post-September 11 human rights violations.