In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts. This litigation provides victims a voice and promotes accountability for violations of international law. This is the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the U.S., presented as a documentary history – an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks, this book emphasizes the dynamic nature of law. The pleadings and documents appear with minimal editing and are supplemented through commentary by various litigation participants. Published under the Transnational Publishers imprint.
Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions.
Violence and Gender in the Globalized World expands the critical picture of gender and violence in the age of globalization by introducing a variety of uncommonly discussed geo-political sites and dynamics. The volume hosts methodologically and disciplinarily diverse contributions from around the world, discussing various contexts including Chechnya, Germany, Iraq, Kenya, Malaysia, Nicaragua, Palestine, the former Yugoslavia, Syria, South Africa, the United States, and the Internet. Bringing together scholars’ and activists’ historicized and site-specific perspectives, this book bridges the gap between theory and practice concerning violence, gender, and agency. In this revised and updated edition, the scope of inquiry is expanded to incorporate phenomena that have recently come to the forefront of public and scholarly scrutiny, such as Internet-based discourses of violence, female suicide bombers, and the Islamic State’s violence against women. At the same time, new data and developments are brought to bear on earlier discussions of violence against women across the globe in order to bring them fully up to date. With an international team of contributors, comprising eminent scholars, activists and policy-makers, this volume will be of interest to anyone conducting research in the areas of gender and sexuality, human rights, cultural studies, law, sociology, political science, history, post-colonialism and colonialism, anthropology, philosophy and religion.
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Violence and Gender in the Globalized World expands the present discourse on gender and violence, discovering new ways to address the complexities encountered in academic research on the topic. Through the introduction of a variety of uncommonly discussed geopolitical sites and dynamics, the book redefines the critical picture of gender violence in the age of globalization, adopting diverse methodological approaches and various disciplinary praxes in its investigation of the question of violence against women across the globe. With an international team of contributors comprising both scholars and activists, this volume bridges the gap between academic and activist perspectives on gender violence. As such, it will be of interest to anyone conducting research in the areas of gender and sexuality, human rights, cultural studies, political science, history, postcolonialism and colonialism, sociology, anthropology, philosophy and religion.
This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.
Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.
