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Articles 1 - 4 of 4
Full-Text Articles in Law
Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson
Declaration On Issues Of The Laws Of War, Corporate Liability And Other Issues Of International Law In Agent Orange Ats Litigation, Kenneth Anderson
Congressional and Other Testimony
This 2004 expert declaration was offered on behalf of defendant corporations in Agent Orange litigation heard before Judge Jack Weinstein in 2005 as part of an Alien Tort Statute action by Vietnamese individuals and associations. I have posted it to SSRN because of the numerous requests I have had for it, and as it has been cited in scholarship.The Declaration starts by offering a basic discussion of the sources of international and in particular customary international law and the meaning and role of opinio juris, and their relation to ATS cases following the Sosa case. It then addresses laws of …
Section 4: International Law At The U.S. Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: International Law At The U.S. Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros
Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros
Publications
To function with adequate predictability and efficiency, the international community must maintain orderly relations among its members. This necessarily requires that members develop international norms of behavior and accept a certain loss of their otherwise exclusive sovereignty. Nowhere has the enforcement of international norms been more pronounced than in the area of human rights. International human rights norms directly challenge conventional notions of exclusive state sovereignty and unilateral action. The United States has long been a motive force behind the international human rights movement, opening its federal courts to redress human rights violations committed domestically or abroad. Specifically, federal courts …
The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle
The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle
Eric A. Engle
Outilnes the procedural obstacles to Alien Tort Statute Claims and discusses how to surmount them. Relates ATS to Foucaults power-knowledge and power-body discourses.