Wednesday, March 27, 2013

          Keitner on "Transnational Litigation: Jurisdiction and Immunities"

          On March 27, Professor Chimène Keitner posted to SSRN her recent work on the use of transnational litigation to combat human rights abuses. The article, forthcoming from the Oxford Handbook on Human Rights, explores “bases for asserting jurisdiction in human rights cases and focuses on the development, and limits, of foreign official immunity and foreign state immunity.”

          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. The chapter 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 chapter is available on SSRN in advance of the publication of the book.

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Monday, December 11, 2017

          Guaranteeing the Public Trust

          Julia Olson ’97 is spearheading a significant legal challenge to the United States government’s role in causing and increasing the dangers of climate change.
          Friday, December 01, 2017

          Thinkers & Doers: November 2017

          Auctions, Taxes, and Air – No more NDAs in felony sex claims – Why wasn’t Charles Manson executed? – Instacart’s “No Delivery Day” – How to Build a Disruptive Brand – Commentary on the ‘tragic’ and ‘bizarre’ Steinle case – and much more
          Friday, December 01, 2017

          Introducing Hastings Environmental Law Journal

          The Hastings West-Northwest Journal of Environmental Law and Policy has changed its name to Hastings Environmental Law Journal (HELJ) and its inaugural issue is available now.
          Wednesday, November 22, 2017

          Interested in startup law and legal tech? New student org Tech x UCH has you covered.

          2Ls Xia Hwang and Edgar Vargas cofounded Tech x UCH to help educate fellow students about opportunities to learn about startup law at UC Hastings and bring panels of attorneys and early-stage startup founders to campus to discuss career opportunities.
          Monday, November 20, 2017

          Professor Carol Izumi receives 2018 William Pincus Award for Outstanding Service and Commitment to Clinical Legal Education from the Association of American Law Schools (AALS)

          “Recipients are giants in the field and Carol belongs in their midst,” says Associate Dean Ascanio Piomelli.
          Go to News Archive