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2 - Alien Tort Statute Litigation in Legal Practice and the Legal Imagination

Published online by Cambridge University Press:  04 June 2020

Natalie R. Davidson
Affiliation:
Tel-Aviv University
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Summary

This chapter presents the dominant account of Alien Tort Statute litigation, which the remainder of the book challenges, providing at the same time some legal background necessary to understanding the book’s analysis. It outlines the development of human rights litigation under the statute, the law, and practice of such litigation, and the dominant terms of the scholarly and policy debate surrounding this form of litigation. It explains that the debate has pit human rights advocates seeking to promote international norms and human rights accountability beyond borders against conservatives seeking to avoid judicial interference in foreign policy. It highlights the assumptions and blind spots in that debate, in particular the striking indifference to the meaning of the litigation for the societies in which the litigated abuses occurred, at the same time as the United States itself has been viewed as disconnected from the litigated violence.

Type
Chapter
Information
American Transitional Justice
Writing Cold War History in Human Rights Litigation
, pp. 20 - 37
Publisher: Cambridge University Press
Print publication year: 2020

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