Transnational Litigation: Jurisdiction and Immunities
Oxford Handbook of International Human Rights Law, 2013
7 Pages Posted: 27 Mar 2013 Last revised: 29 Jan 2014
Date Written: October 10, 2012
Through transnational litigation, national courts enforce human rights norms “horizontally.” Jurisdictional doctrines and immunity principles both shape the permissible contours of horizontal enforcement. Conflicts may arise between the principles of state sovereignty and non-interference, on the one hand, and the goals of promoting accountability and providing remedies for victims, on the other. This chapter in the Oxford Handbook of International Human Rights Law explores the bases for asserting jurisdiction in human rights cases and focuses on the development, and limits, of foreign official immunity and foreign state immunity. It also discusses claims against non-state actors including private corporations for committing or assisting human rights violations. While the horizontal enforcement of human rights norms by national courts carries the potential for both salutary and disruptive effects, national courts remain important developers and enforcers of international human rights law.
The full chapter is under copyright and available online through the Oxford Handbooks Online website.
Keywords: Foreign Official Immunity, Foreign State Immunity, Horizontal Enforcement, Human Rights, Jurisdiction, National Courts, Non-State Actors, Transnational Litigation
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