ABSTRACT

International implementation mechanisms suffer from the present limitations of the international state system. While international pressure sometimes induces a state to improve its human rights performance, this depends on the sensitivity of the target state to such pressure and does not produce systematic results. The problem with relying on domestic courts to protect human rights, of course, is that the government whose courts would hear a human rights claim is often the one that is committing the violation. Recently, human rights activists have begun to explore another impletation technique: using the judicial system of one country to redress human rights violations in another country. As a matter of international law, there are many more restrictions on a state's exercise of prescriptive jurisdiction than on its exercise of adjudicatory jurisdiction.