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Status:
Available4.4
24 reviews
ISBN 10: 0618974512
ISBN 13: 9780618974511
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.
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 Li
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
IMPACTS
On Individual Clients
On the Broader Community
On Corporations
Creating a Historical Record
Punishing Those Responsible
CONCLUSION
Index
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Tags: Jeffrey Davis, Justice, Borders
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