Based on her thesis (doctoral-UniversitĐat Tel-Aviv, 2016) issued under title: Assessing transnational tort human rights litigation. Includes discussion of Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir. 1980) and In re Estate of Ferdinand Marcos, 25 F.3d 1467 (9th Cir.1994). Includes bibliographical references and index.
Contents:
Introduction : Revisiting the Gilded Age of Transnational Human Rights Litigation in U.S. Courts -- Alien Tort Statute Litigation in Legal Practice and the Legal Imagination -- "Foreign Torture, American Justice" : Filartiga in the United States -- Filartiga in Paraguay -- Narrating the Marcos Regime in U.S. Courts -- The Marcos Case and Transitional Justice in the Philippines -- Conclusion
Summary:
"Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filartiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that U.S. courts produced a whitewashed history of U.S. involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from U.S. courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in U.S. courts"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.