Li v Zhou

In this matter before the Court of Appeal of New South Wales, the applicants, Li and Zhou, sought to appeal against a decision concerning the civil immunity of a foreign state. The core of the dispute revolved around whether the People's Republic of China had submitted to the jurisdiction of Australian courts for the purposes of the *Foreign States Immunities Act 1985* (Cth) by acceding to the Torture Convention.

The legal issues before the Court were twofold: first, whether Article 14 of the Torture Convention confers universal civil jurisdiction on the domestic courts of State Parties; and second, if it does, whether this conferral constitutes a submission to jurisdiction for the purposes of section 10 of the *Foreign States Immunities Act 1985* (Cth). The Court was required to interpret the scope and effect of Article 14 in light of public international law principles, including the *Vienna Convention on the Law of Treaties*.

The Court reasoned that Article 14 of the Torture Convention does not establish universal civil jurisdiction. It found that the Convention's provisions, when interpreted according to the ordinary meaning of the terms in their context and in light of the object and purpose of the treaty, do not mandate or imply the creation of a civil jurisdiction for domestic courts to hear claims against foreign states. Consequently, the accession to the Convention by the People's Republic of China did not amount to a submission to the jurisdiction of Australian courts under the *Foreign States Immunities Act 1985* (Cth).

The Court of Appeal granted the applicants leave to appeal but ultimately dismissed each appeal, making no order as to the costs of the appeals.