June 7, 2011
Two Tort Articles in Scientia Juris
First, Rajeev Kadambi has published "Jurisprudence of Rescue Under Tort Law." The abstract provides:
The article deals with five broad themes. First, the idea of rescue is embodied in the duty to act reasonably in tort law. Second, the article explains the judicial array of balances in rescue situations, involving the victim, rescuer, and defendant. Third, the article argues that both extremes of the rescue obligation are somewhat reproduced in the prevailing law. Fourth, the article constructs a response to the second thesis, arguing that reasonableness must go beyond the plain judicial balancing approach and derive outcomes and meaning from normative principles. Fifth, rescues represent the junction of the public law and private law distinction because it is based on the conception of the State and the relation with its people. The article concludes that principles of rescue must be derived from a common order of values that transcend public and private law reasoning.
The second article by Marta Requejo Isidro is not directly concerned with torts, but may be of interest. The title is La responsabilidad de las empresas por violacion de derechos humanos - Deficiencias del marco legal. The article is in Spanish. The abstract provides:
In a globalized world the activities of multinational and transnational corporations have a profound impact on the human rights of individuals and communities, especially in developing countries. The human rights violations committed by these agents have to be dealt with. Today is commonly accepted that the optimal approach from a legal point of view should be one of international law; but so far international law has not provided satisfactory answers. Therefore, the accountability of multinational and transnational corporations requires the intervention of domestic systems, where various regulatory options seem possible: one is the use of private civil claims. Civil litigation for human rights often involves private international law problems. Traditional PIL solutions for civil liability do not suit the factual context of violations of human rights. That is why changes on issues such as the criteria of international jurisdiction are needed. In the EU the task could be addressed at this very moment, in the context of the process of review of Regulation Brussels I.
Thanks to Professor François-Xavier Licari (Université Paul Verlaine - Metz) for the info.
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