7 International Human Rights Litigation

Human Rights Abuses ◽

The Supreme Court ◽

International Human ◽

Victim Protection ◽

Foreign Corporations ◽

This chapter focuses on litigation under the Alien Tort Statute, which provides for jurisdiction over suits brought by aliens for torts in violation of international law. The chapter begins by exploring Congress’s likely intent in enacting the Statute in 1789, and how the Statute may have related to Article III of the Constitution (concerning the powers of the federal courts). The chapter then describes how the Statute received little attention until the Filartiga decision in 1980, which allowed for it to be used by aliens to sue other aliens for human rights abuses committed abroad. The chapter proceeds to explore a variety of doctrinal issues relating to this human rights litigation, including the source of the cause of action, the standards for bringing a claim, and the ability to sue corporations. The chapter also considers the contours of the Torture Victim Protection Act, which Congress enacted in 1992 to facilitate certain human rights claims. The chapter then discusses limitations on Alien Tort Statute litigation imposed by the Supreme Court in its 2004 decision in Sosa v. Alvarez-Machain, as well as the rise of suits brought against corporate defendants brought under the Statute. The chapter concludes by discussing the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, in which the Court substantially curtailed the territorial reach of claims that could be brought under the Statute, and the Court’s 2018 decision in Jesner v. Arab Bank, in which the Court disallowed suits under the Statute against foreign corporations.

Judgment of the Supreme Court of Canada of February 28, 2020, on Nevsun v. Araya: a “quiet revolution” in the assessment of the status of corporations under public international law?

Meždunarodnoe pravosudie ◽

10.21128/2226-2059-2021-2-25-39 ◽

2021 ◽

Vol 11 (2) ◽

pp. 25-39

Author(s):

Vera Rusinova ◽

Olga Ganina

Keyword(s):

Human Rights ◽

Supreme Court ◽

International Law ◽

Supreme Court Of Canada ◽

International Human Rights Law ◽

Human Rights Law ◽

Public International Law ◽

The Supreme Court ◽

International Human

The article analyses the Judgment of the Supreme Court of Canada on the Nevsun v. Araya case, which deals with the severe violations of human rights, including slavery and forced labor with respect of the workers of Eritrean mines owned by a Canadian company “Nevsun”. By a 5 to 4 majority, the court concluded that litigants can seek compensation for the violations of international customs committed by a company. This decision is underpinned by the tenets that international customs form a part of Canadian common law, companies can bear responsibility for violations of International Human Rights Law, and under ubi jus ibi remedium principle plaintiffs have a right to receive compensation under national law. Being a commentary to this judgment the article focuses its analysis on an issue that is of a key character for Public International Law, namely on the tenet that international customs impose obligations to respect human rights on companies and they can be called for responsibility for these violations. This conclusion is revolutionary in the part in which it shifts the perception of the companies’ legal status under International Law. The court’s approach is critically assessed against its well-groundness and correspondence to the current stage of International law. In particular, the authors discuss, whether the legal stance on the Supreme Court of Canada, under which companies can bear responsibility for violations of International Human Rights Law is a justified necessity or a head start.

Reviving Human Rights Litigation After Kiobel

The American Journal of International Law ◽

10.5305/amerjintelaw.107.4.0858 ◽

2013 ◽

Vol 107 (4) ◽

pp. 858-863 ◽

Cited By ~ 1

Author(s):

Vivian Grosswald Curran ◽

David Sloss

Keyword(s):

United States ◽

Human Rights ◽

Supreme Court ◽

The United States ◽

Human Rights Abuses ◽

Foreign Countries ◽

The Supreme Court ◽

Death Knell ◽

In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court held that “the presumption against extraterritoriality applies to claims under the [Alien Tort Statute (ATS)], and that nothing in the statute rebuts that presumption.” The Court preserved the possibility that claims arising from conduct outside the United States might be actionable under the ATS “where the claims touch and concern the territory of the United States ... with sufficient force to displace the presumption against extraterritorial application.” However, the Court’s decision apparently sounds the death knell for “foreign-cubed” human rights claims under the ATS—that is, cases in which foreign defendants committed human rights abuses against foreign plaintiffs in foreign countries.

The Death Sentence in Zambia and International Human Rights

Journal of African Law ◽

10.1017/s002185530001007x ◽

1997 ◽

Vol 41 (1) ◽

pp. 147-148

Keyword(s):

Human Rights ◽

Supreme Court ◽

Death Sentence ◽

Political Rights ◽

The Supreme Court ◽

International Human ◽

Civil And Political Rights

During its 55th session, the UN Human Rights Committee examined a communication from Bernard Lubuto (Lubuto v. Zambia Communication No. 390/1990) alleging that his rights under the International Covenant on Civil and Political Rights had been violated. The author of the communication was arrested in February 1980 and sentenced to death on 4 August, 1983, for aggravated robbery. On 10 February, 1988, the Supreme Court dismissed his appeal. The author claimed that the death sentence imposed on him was disproportionate since no one was killed or wounded during the robbery. The Human Rights Committee also considered that die length of die proceedings against die audior might raise issues under Article 14(3)(c).

Litigating International Human Rights Claims of Sexual Violence in the U.S. Courts: A Brief Overview of Cases Brought under the Alien Tort Statute and Torture Victim Protection Act

Violence and Gender in the Globalized World ◽

10.4324/9781351143363-13 ◽

2018 ◽

pp. 131-146

Author(s):

Jennifer M. Green

Keyword(s):

Human Rights ◽

Sexual Violence ◽

International Human ◽

Victim Protection ◽

The U.S ◽

Jesner v. Arab Bank

The American Journal of International Law ◽

10.1017/ajil.2018.73 ◽

2018 ◽

Vol 112 (4) ◽

pp. 720-727

Author(s):

Rebecca J. Hamilton

Keyword(s):

Human Rights ◽

Supreme Court ◽

Federal Courts ◽

Foreign Corporations ◽

The U.S ◽

The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling inJesner v. Arab Bank,deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).

Diversity Rationale Overlooked by the Supreme Court: Qualifying the Role of Two International Human Rights Conventions

SSRN Electronic Journal ◽

10.2139/ssrn.1125944 ◽

2008 ◽

Author(s):

Rid Dasgupta

Keyword(s):

Human Rights ◽

Supreme Court ◽

The Supreme Court ◽

International Human

Germany

10.1093/oso/9780198786627.003.0006 ◽

2018 ◽

Author(s):

Valentin Aichele

Keyword(s):

Human Rights ◽

International Law ◽

Direct Effect ◽

Federal Courts ◽

Persons With Disabilities ◽

Public International Law ◽

Monitoring Mechanism ◽

International Human ◽

Human Rights Norms

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.

Liability of Multinational Corporations in Canada for International Human Rights Violations

10.1093/oso/9780198866220.003.0005 ◽

2021 ◽

pp. 113-139

Author(s):

Bruce W. Johnston

Keyword(s):

Human Rights ◽

Multinational Corporations ◽

Civil Law ◽

Access To Justice ◽

International Human Rights Law ◽

Human Rights Abuses ◽

Class Actions ◽

Forum Non Conveniens ◽

International Human

Bruce W. Johnston reviews the current state of play in Canada regarding the imposition of civil liability on multinationals for human rights abuses occurring overseas. He explains the bijural nature of the legal system and the consequential developments of civil law in Quebec and common law elsewhere. He outlines, by reference to case law, the relevant law on jurisdiction, including in class actions, and application of forum non conveniens, forum necessitatis, and choice of law, under common and civil law. Regarding causes of action, he considers the corporate veil hurdle and important judgments on direct liability of the parent company, in Choc v. Hudbay Minerals and most strikingly, the direct application of customary international human rights law by the Supreme Court in Nevsun. Equally important in terms of practical access to justice, the chapter outlines the rules on procedures relating to opt-out class actions, legal costs, including litigation funding.

Accountability

The International Human Rights Movement ◽

10.23943/princeton/9780691200989.003.0011 ◽

2020 ◽

pp. 258-286

Author(s):

Aryeh Neier

Keyword(s):

Human Rights ◽

Sub Saharan Africa ◽

Truth Commissions ◽

Human Rights Abuses ◽

International Criminal Tribunals ◽

Military Regimes ◽

Human Rights Movement ◽

International Human ◽

Sub Saharan

This chapter focuses on the major goal of the international human rights movement has been in securing accountability for grave abuses. It talks about “truth commissions” in Latin America, sub-Saharan Africa, several countries of Asia, Morocco, and Canada, which deals with abuses against the country's indigenous population. It also highlights the establishment of several international criminal tribunals in order to prosecute and punish those accused of war crimes, crimes against humanity, and genocide. The chapter explores accountability, which has become a central concern of the international human rights movement for the recognition or official acknowledgment of the suffering of victims of human rights abuses. It also analyzes the purpose of deniability, which made it possible for military regimes in that commit abuses to maintain a facadeof legality.

Defending Human Rights and Democracy in the Era of Globalization - Advances in Religious and Cultural Studies ◽

States' Procedural Obligations Regarding Private Military and Security Companies' Activities

10.4018/978-1-5225-0723-9.ch013 ◽

2017 ◽

pp. 302-336

Author(s):

Zafeiris Tsiftzis

Keyword(s):

Human Rights ◽

Crucial Role ◽

International Human Rights Law ◽

Human Rights Law ◽

Right To Life ◽

Human Rights Abuses ◽

International Human ◽

The Right ◽

Security Companies

A lot of attention has been paid by the international community to the responsibility of Private Military and Security Companies (PMSCs) and to the prevention of human rights abuses committed their employees. The non-binding nature of the existing international initiatives with respect to PMSCs requests the human rights law to play a crucial role to the regulation of PMSCs and their employees during operations. This article examines the States' procedural obligation under international human rights law with regard to allegations of the right to life and the prohibition of torture. Moreover, it assesses the application of the jurisprudence of human rights bodies over the activities of PMSCs, whilst it focuses on the obligations of States to prevent and investigate human rights allegations committed by PMSCs' employees. Above all, this article advocates that human rights law has a significant role in the regulation of PMSCs and the prevention of the commission of human rights violations by PMSCs and their employees.