Stragetic litigation

5 important questions on Stragetic litigation

Critique on transnational  hr litigation?

• Attack on sovereignty
• Human rights as facilitators of politics: develop
the judicial/political system of developing
countries
• Contract Law is different from tort law in its
transnational application
• Tort Law aims at addressing bilateral
relationships, not issues concerning a political
community

What is a radical critique on transnational hr litigation?

Radical Critique: The use of law legitimizes an
unequal and unjust system

Hoffman echr legitimacy

Hofmann± echr legitimacy: he critized the legitimacy of the echr. what was the [problem? it ws not democratic.
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Milieu defensie vs shell

milieudefensie vs shell there was tort law but also human right. Court did good job in urgenda this establshed the relationship between tort and human rights law.innoventive way to use it. what did they want to achieve?  reduce the emissions.  it could be a big case internationally.

What is the marxist crtique and how does the professor see this?

the critiques differ a lot. dont use the law to change it because you are just enabling them. the professor disagrees with them. she writes them in the article she thinks law like [policy is a possible weapn to change the system. we need something to change the system, through law. law and politics are not separate.

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