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Intervention Is Served: The US Federal Alien Torts Claims Act and the Irony of Ironies
Titel:
Intervention Is Served: The US Federal Alien Torts Claims Act and the Irony of Ironies
Auteur:
Harker, John
Verschenen in:
Cambridge review of international affairs
Paginering:
Jaargang 16 (2003) nr. 1 pagina's 155-164
Jaar:
2003-04
Inhoud:
In recent years, there has been vigorous debate about the concept of humanitarian intervention, which, even so, remains too little understood. As one remedy for this, Canada took the initiative to create the International Commission on Intervention and State Sovereignty (ICISS), to investigate coercive, military intervention. One aspect that has so far escaped much notice is an alternative mechanism of non-state intervention, namely recourse to US courts under the Federal Alien Torts Claims Act. This transnational law legislation, in the form of class action suits against foreign states partnering with Western corporations, has effectively created a form of humanitarian intervention which, even if legal arguments such as forum non conveniens prevent cases from being heard, could impact on all other forms of intervention and all of those who seek to study intervention or practise it. Indeed, even if few plaintiffs receive financial compensation in these cases, the norms declared, corporate and government practices halted and lives saved are even more important practical results of this new, understudied form of intervention. The author served as the head of Canada's 1999-2000 Fact-Finding and Assessment Mission to Sudan, the purpose of which was to determine whether Canadian oil investment was exacerbating the civil war there. His report of that mission (Harker, 2000) provided significant insight for the conclusions drawn in this article.
Uitgever:
Routledge
Bronbestand:
Elektronische Wetenschappelijke Tijdschriften
Details van artikel 134 van 303 gevonden artikelen
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