Part VI Human Rights and General International Law, Ch.33 Transnational Litigation: Jurisdiction and Immunities

Subject(s):

Immunity from jurisdiction, ratione personae — Immunity from jurisdiction, ratione materiae — Diplomatic immunity — Immunity from jurisdiction, absolute — Acta jure imperii — Acta jure gestionis — Jurisdiction of states, prescriptive — Jurisdiction of states, adjudicative — Jurisdiction of states, enforcement

This article examines the issues of jurisdiction and immunities in transnational human rights litigation. It discusses the bases of asserting jurisdiction and highlights the problem in achieving consensus about the rules governing foreign official immunity. It analyses several relevant court cases including claims against foreign states, against current or former foreign officials and against non-state actors. This article argues that the horizontal enforcement of human rights norms by national courts carries the potential for both salutary and disruptive effects. It explains that while it can provide an avenue for victims of human rights abuses to obtain redress for their injuries, it can also interfere with the conduct of foreign relations with states that do not recognize the validity of national proceedings.