As the current immunity regime produces unfair results at the normative level, this book addresses the question of how to feasibly restrict State immunity from jurisdiction in case of gross violations of human rights, in light of States’ resistance to a general jus cogens/human rights exception. The central thesis of the book is that justice may be achieved by a more limited human rights exception to immunity, based on an enlarged forum tort exception. To build such an exception, the book draws on private international law rules on jurisdiction, bringing together the disciplines of public and private international law.
Anna Facchinetti, Ph.D. (2020), University of Pavia (Italy), is a Researcher in International Law at that university. She has published articles and chapters on immunities, including with the Centre for Studies and Research of the Hague Academy of International Law (2021).
The book is of interest to international law scholars, lawyers practising public and private international law, and judges, given the number and relevance of litigations regarding State immunity.