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
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