Extraterritorial Application of Human Rights Treaties: Law, Principles, and PolicyQuestions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications. |
From inside the book
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Page xvii
... the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, 26 February 2007 ..................................................................................... 44–45, 47 ...
... the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, 26 February 2007 ..................................................................................... 44–45, 47 ...
Page 1
... Serbia, Russia's involvement in Georgia, or the US and UK invasion of Iraq. No longer are such cases examined solely from the more orthodox standpoints of the jus ad bellum and the jus in bello, or state sovereignty more generally. Now ...
... Serbia, Russia's involvement in Georgia, or the US and UK invasion of Iraq. No longer are such cases examined solely from the more orthodox standpoints of the jus ad bellum and the jus in bello, or state sovereignty more generally. Now ...
Page 4
... Serbia. They filed the application against all NATO member states that were also parties to the ECHR, claiming that these states were jointly responsible for the violation of their human rights, above all the right to life. The Grand ...
... Serbia. They filed the application against all NATO member states that were also parties to the ECHR, claiming that these states were jointly responsible for the violation of their human rights, above all the right to life. The Grand ...
Page 18
... Serbia had the power to (dis)respect the right to life of the inhabitants of Serbia, but could hardly be said to have had the power to secure that right to life from violation by private parties, as they were not in control of Serbia as ...
... Serbia had the power to (dis)respect the right to life of the inhabitants of Serbia, but could hardly be said to have had the power to secure that right to life from violation by private parties, as they were not in control of Serbia as ...
Page 35
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Contents
1 | |
19 | |
III Policy Behind the Rule | 54 |
IV Models of Extraterritorial Application | 118 |
V Norm Conflicts International Humanitarian Law and Human Rights Law | 229 |
General Conclusion | 262 |
Bibliography | 266 |
Index | 275 |
Other editions - View all
Extraterritorial Application of Human Rights Treaties: Law, Principles, and ... Marko Milanovic No preview available - 2013 |
Extraterritorial Application of Human Rights Treaties: Law, Principles, and ... Marko Milanovic No preview available - 2011 |
Common terms and phrases
actions acts actually agents Al-Skeini approach argument armed Article attributable authority avoidance Bankovic basis Chamber Chapter Commission committed Committee concept concerned concluded conduct considered Constitution Contracting Convention course Covenant Cyprus detained detention domestic ECHR effective effective control effective overall control enforcement establish European Court examined example exercise extend extraterritorial application fact force further hand held human rights treaties ICCPR IHRL individual international law interpretation Iraq issue Italy Judgment jurisdiction jurisdiction clauses Justice killing least limited Lord matter meaning military norm conflict object obligation occupation para paras particular parties personal model persons political positive obligation possible practical prevent principle protection provides question reason refers regard relevant requires respect responsibility result rules scope secure ship simply situations sovereignty spatial state’s territory tion torture Turkey United United Kingdom universality violation