Title American transitional justice : writing cold war history in human rights litigation / Natalie R Davidson, Tel-Aviv University

Published Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2020 ©2020

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Description 1 online resource (x, 208 pages) : illustrations Series Human rights in history Human rights in history 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" : Filártiga in the United States -- Filártiga 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, 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"-- Provided by publisher Notes 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) Bibliography Includes bibliographical references and index Notes Description based on online resource; title from digital title page (viewed on June 15, 2020) Subject United States. Alien Tort Claims Act. SUBJECT Alien Tort Claims Act (United States) fast Subject Government liability -- United States -- Cases Immunities of foreign states -- United States -- Cases Transitional justice -- United States -- Cases Cold War -- Law and legislation -- United States -- Cases War -- Law and legislation United States Form Electronic book LC no. 2019056229 ISBN 9781108774529 1108774520

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