Awakening Monster PDF
By:Gary Clyde Hufbauer,Nicholas K. Mitrokostas
Published on 2003-01-01 by U of Nebraska Press
Within the next decade, 100,000 class action Chinese plaintiffs, organized by New York trial lawyers, could sue General Motors, Toyota, General Electric, Mitsubishi, and a host of other blue-chip corporations in a US federal court for abetting China?s denial of political rights, for observing China?s restrictions on trade unions, and for impairing the Chinese environment. These plaintiffs might claim actual damages of $6 billion and punitive damages of $20 billion. Similar blockbuster cases are already working their way through federal and state court systems. How could this nightmare scenario become a reality? Because of a little-known, one sentence law enacted in 1789? the Alien Tort Statute (ATS): The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. In this analysis, Hufbauer and Mitrokostas examine the chilling impact the ATS could have on trade and foreign direct investment. They trace its history from the original intent to recent court interpretations, including a look at class-action suits over asbestos and apartheid. They provide an economic picture of the potential scope of ATS litigation, cite the possible collateral damage, and review the impact that ATS rulings could have on global relations. The authors recommend measures Congress should take to limit expansive court interpretations. The study is a must-read for policymakers, international lawyers, and students.
This Book was ranked at 19 by Google Books for keyword Torts.
Book ID of Awakening Monster's Books is UohNKn1eTU0C, Book which was written byGary Clyde Hufbauer,Nicholas K. Mitrokostashave ETAG "I0pZvJtFZls"
Book which was published by U of Nebraska Press since 2003-01-01 have ISBNs, ISBN 13 Code is 9780881323665 and ISBN 10 Code is 0881323667
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Book which have "86 Pages" is Printed at BOOK under CategoryBusiness and Economics
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