Transnational human rights litigations. Kiobel's touch and concern: a test under construction
comunitat-uji-handle:10234/9
comunitat-uji-handle2:10234/8641
comunitat-uji-handle3:10234/8642
comunitat-uji-handle4:
INVESTIGACIONMetadata
Title
Transnational human rights litigations. Kiobel's touch and concern: a test under constructionDate
2016Publisher
Ministerio de Ciencia e Innovación. Proyecto HURI-AGEISSN
1989-8797Type
info:eu-repo/semantics/workingPaperPublisher version
http://www.tiempodelosderechos.es/es/materiales/working-papers.htmlVersion
info:eu-repo/semantics/publishedVersionSubject
Abstract
In recent years the international debate on Transnational Human Rights Litigation has mainly focused, although not exclusively, on the role of the Alien Tort Claims Act as a way of redress for serious Human Rights ... [+]
In recent years the international debate on Transnational Human Rights Litigation has mainly focused, although not exclusively, on the role of the Alien Tort Claims Act as a way of redress for serious Human Rights violations. This Act has given the possibility of granting a restorative response to victims, in a Country, such as the United States of America, that assumes the defense of an interest of the International Community as a whole: to guarantee the access to justice to the aforesaid victims. The purpose of this article is to analyze the recent and restrictive position on this Act of the Supreme Court of the United States, in the Kiobel case, and especially when, as a means of modulating the limitative doctrine affirmed there, the Touch and Concern test was introduced. It has generated from its very inception a strong discussion amongst international legal scholars and also great repercussions concerning the practice of the U.S. District and Circuit Courts. [-]
Description
HURI-AGE Consolider-Ingenio 2010
Is part of
Papeles El tiempo de los derechos, n. 1, 2016Rights
http://rightsstatements.org/vocab/CNE/1.0/
info:eu-repo/semantics/openAccess
info:eu-repo/semantics/openAccess
This item appears in the folowing collection(s)
- DPR_Articles [158]