State immunity, human rights, and jus cogens:: Critique of the normative hierarchy theory

The "normative hierarchy theory" argues that states lose jurisdictional immunity when they violate human rights norms because the latter are hierarchically superior. This theory is built on false presumptions. State immunity, a limited exception to state jurisdiction, protects only a core of beneficial state autonomy. A better approach to resolving the human rights litigation problem is for the forum state, under a theory of collective state benefit, to curtail unnecessary state immunity privileges for human rights violations.