Law Commons^™

The Global Enforcement Of Human Rights: The Unintended Consequences Of Transnational Litigation, Andrea Boggio

History and Social Sciences Faculty Journal Articles

In the last few years, a growing number of individuals whose basic rights are violated have filed transnational human rights claims in foreign countries. By placing the individual as a holder of basic rights at the core of the process of development, the capability approach, as put forward by Amartya Sen and Martha Nussbaum, provides a fertile theoretical framework to assess translational human rights litigation.

The paper shows that transnational claims are problematic in two regards:

1) They undermine development by discouraging foreign companies from investing in countries that are sources of transnational claims and by weakening local governments and …

Why Tobacco Litigation Has Not Been Successful In The United Kingdom: A Comparative Analysis Of Tobacco Litigation In The United States And The United Kingdom, Andrei Sirabionian

Northwestern Journal of International Law & Business

Litigation against tobacco companies, about smoking-related diseases, is novel outside of the United States. While in the past two decades U.S. courts have handed down costly verdicts against tobacco companies, European courts have not been as willing to rule against the tobacco industry. European courts have been much more reluctant to award damages to individuals with smoking related diseases or their families. As a result, courts outside the United States have not handed down major decisions against tobacco companies.