TY - BOOK
T1 - American transitional justice
T2 - writing Cold War history in human rights litigation
AU - Davidson, Natalie R
N1 - Based on her thesis (doctoral-Universiṭat Tel-Aviv, 2016) issued under title: Assessing transnational tort human rights litigation.
Includes discussion of Filártiga v. Peña-Irala, 630 F.2d 876 (2d Cir. 1980) and In re Estate of Ferdinand Marcos, 25 F.3d 1467 (9th Cir.1994).
PY - 2020
Y1 - 2020
N2 - "Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (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"--
AB - "Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filártiga (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"--
KW - United States. Alien Tort Claims Act
KW - Government liability -- United States -- Cases
KW - Immunities of foreign states
KW - Transitional justice
KW - Cold War -- Law and legislation -- United States -- Cases
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SN - 1108477704
SN - 1108702554
SN - 9781108477703
SN - 9781108702553
T3 - Human rights in history
BT - American transitional justice
PB - Cambridge University Press
CY - Cambridge, United Kingdom; New York, NY, USA
ER -
