Abstract

http://ssrn.com/abstract=1632614
 


 



In Search of a Defence of the Transnational Human Rights Paradigm: May Jus Cogens Norms be Invoked to Create Implied Exceptions in Domestic Immunity Statutes?


Wendy A. Adams


McGill University - Faculty of Law

2001

TORTURE AS TORT: COMPARATIVE PERSPECTIVES ON THE DEVELOPMENT OF TRANSNATIONAL HUMAN RIGHTS LITIGATION, Craig Scott, ed., Hart Publishing, June 2001

Abstract:     
In this chapter,the author outlines the necessary doctrinal process to be followed by domestic courts as they adjudicate claims brought by victims of torture against foreign states or state officials. The central issue to be resolved, at least in jurisdictions with Westminister parliamentary traditions of government, is one of institutional competence. The question is whether domestic courts are able to rely on international sources of law in adjudicating the issues raised by these novel claims. As part of the process, domestic courts must also consider the interpretive issues presented by the interpenetration of international and domestic law governing torture and civil enforcement.

Number of Pages in PDF File: 28

Keywords: torture, tort, sovereign immunity, international law, jus cogens, human rights, immunity

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Date posted: July 1, 2010 ; Last revised: July 25, 2010

Suggested Citation

Adams, Wendy A., In Search of a Defence of the Transnational Human Rights Paradigm: May Jus Cogens Norms be Invoked to Create Implied Exceptions in Domestic Immunity Statutes? (2001). TORTURE AS TORT: COMPARATIVE PERSPECTIVES ON THE DEVELOPMENT OF TRANSNATIONAL HUMAN RIGHTS LITIGATION, Craig Scott, ed., Hart Publishing, June 2001. Available at SSRN: http://ssrn.com/abstract=1632614

Contact Information

Wendy Ann Adams (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
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