A/HRC/29/39 Illustration of the possible spectrum of State attitudes to exercises of extraterritorial jurisdiction in different scenarios, as indicated by the content of State interventions in alien tort statute cases Note: The figure has been prepared for discussion purposes only. It is based on the indications provided by the content of State interventions in alien tort statute cases, which, as acknowledged above, have been made only by a small number of interested States. It does not represent, and should not be taken as representing, the views of OHCHR as to the legality or desirability (or otherwise) of exercises of extraterritorial jurisdiction in different scenarios, or of the criteria that should be applied to determine legality. In the figure above the term “F-cubed” is used for cases where the claim is brought by foreign plaintiffs, against foreign defendants, in relation to foreign business activities. 37. In addition, the review of amicus curiae briefs highlights several areas of uncertainty and possible differences of approach between States in relation to key issues such as “universal civil jurisdiction”, the applicability of a doctrine of “exhaustion of legal remedies”, the extent to which a factual nexus is required between the claim and the State in which the dispute is litigated (i.e. the “forum State”) for the courts of the forum State to be able to exercise jurisdiction at all and, finally, the extent to which the nature and severity of the abuse may have a bearing on the way that jurisdictional rules are applied. The questions arising from this study in relation to these specific issues, as well as the broad study findings, will be explored more fully in the interactive sessions with government representatives due to take place later in 2015 (subject to OHCHR obtaining sufficient funds), as part of the planned programme of work under project component 2. C. Survey of key provisions and State practice under selected International Labour Organization instruments 38. As part of its preparatory work for project component 2, OHCHR identified a need to better understand the extent to which States already cooperate with respect to businessrelated human rights abuses, and the different forms this cooperation may take. To this end, OHCHR conducted a review of the terms of and State practice pursuant to selected 12

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