Applying Universal Jurisdiction to Civil Cases: Variations in State Approaches to Monetizing Human Rights Violations

Applying Universal Jurisdiction to Civil Cases: Variations in State Approaches to Monetizing... Global Governance 24 (2018), 103–118 Applying Universal Jurisdiction to Civil Cases: Variations in State Approaches to Monetizing Human Rights Violations Steven D. Roper The principle of universal jurisdiction allows a state to exercise jurisdiction over a category of cases when the state has no connection by territory, nationality, or other interest with the parties. While the concept of uni- versal jurisdiction is not new, it has been almost exclusively applied to criminal matters. There has been relatively little focus on the application of universal jurisdiction in the civil sphere as a means for victims to seek judgments and compensation for serious violations of human rights. This article examines the theoretical distinction made by courts in the applica- tion of universal jurisdiction to civil cases and explores why the emerging norm of universal jurisdiction has been focused almost exclusively on criminal matters. The article surveys the status of universal civil jurisdic- tion in US and European courts, examines how jurisdiction is limited by courts, and assesses the arguments for and against a civil basis of univer- sal jurisdiction. KEYWORDS: universal civil jurisdiction, Alien Tort Statute, universal jurisdiction. DURING THE 1990S AND INTO THE 2000S, THERE WAS A GREAT DEAL OF http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Governance: A Review of Multilateralism and International Organizations Brill

Applying Universal Jurisdiction to Civil Cases: Variations in State Approaches to Monetizing Human Rights Violations

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1075-2846
eISSN
1942-6720
DOI
10.1163/19426720-02401007
Publisher site
See Article on Publisher Site

Abstract

Global Governance 24 (2018), 103–118 Applying Universal Jurisdiction to Civil Cases: Variations in State Approaches to Monetizing Human Rights Violations Steven D. Roper The principle of universal jurisdiction allows a state to exercise jurisdiction over a category of cases when the state has no connection by territory, nationality, or other interest with the parties. While the concept of uni- versal jurisdiction is not new, it has been almost exclusively applied to criminal matters. There has been relatively little focus on the application of universal jurisdiction in the civil sphere as a means for victims to seek judgments and compensation for serious violations of human rights. This article examines the theoretical distinction made by courts in the applica- tion of universal jurisdiction to civil cases and explores why the emerging norm of universal jurisdiction has been focused almost exclusively on criminal matters. The article surveys the status of universal civil jurisdic- tion in US and European courts, examines how jurisdiction is limited by courts, and assesses the arguments for and against a civil basis of univer- sal jurisdiction. KEYWORDS: universal civil jurisdiction, Alien Tort Statute, universal jurisdiction. DURING THE 1990S AND INTO THE 2000S, THERE WAS A GREAT DEAL OF

Journal

Global Governance: A Review of Multilateralism and International OrganizationsBrill

Published: Aug 19, 2018

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