The Extraterritorial Application Of Selected Human Rights Treaties

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The Extraterritorial Application of Selected Human Rights Treaties

Karen da Costa
The Extraterritorial Application of Selected Human Rights Treaties Book PDF

Author : Karen da Costa
Publisher : Martinus Nijhoff Publishers
Page : 334 pages
File Size : 41,6 Mb
Release : 2012-10-12
Category : Political Science
ISBN : 9789004227187

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The Extraterritorial Application of Selected Human Rights Treaties by Karen da Costa Pdf

In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.

Extraterritorial Application of Human Rights Treaties

Fons Coomans,Menno T. Kamminga
Extraterritorial Application of Human Rights Treaties Book PDF

Author : Fons Coomans,Menno T. Kamminga
Publisher : Intersentia nv
Page : 295 pages
File Size : 51,6 Mb
Release : 2004
Category : Exterritoriality
ISBN : 9789050953948

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Extraterritorial Application of Human Rights Treaties by Fons Coomans,Menno T. Kamminga Pdf

"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.

Extraterritorial Application of Human Rights Treaties

Marko Milanovic
Extraterritorial Application of Human Rights Treaties Book PDF

Author : Marko Milanovic
Publisher : OUP Oxford
Page : 301 pages
File Size : 55,9 Mb
Release : 2013-03-28
Category : Law
ISBN : 9780191504808

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Extraterritorial Application of Human Rights Treaties by Marko Milanovic Pdf

Questions 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.

Human Rights Imperialists

Conall Mallory
Human Rights Imperialists Book PDF

Author : Conall Mallory
Publisher : Unknown
Page : 128 pages
File Size : 45,8 Mb
Release : 2020
Category : Convention for the Protection of Human Rights and Fundamental Freedoms
ISBN : 1509914765

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Human Rights Imperialists by Conall Mallory Pdf

"Few issues have posed more of a challenge for the European Court of Human Rights in recent years than the Convention's extraterritorial application. This book explores why this is by reflecting on how the issue has been approached by the primary interpreters of the treaty: the Strasbourg Court, Contracting Parties and National Courts. This is achieved through a detailed engagement with the previous jurisprudence on the Convention's extraterritorial application, and a particular focus on the activities of British authorities and judiciary during and after the Iraq War (2003). Litigation emerging from this conflict has been pivotal in constructing the current understanding of extraterritorial obligations, as well as drawing out some of its more challenging aspects. The book contends that by focusing on the interpretive behavior of the groups with the primary responsibility for interpreting the treaty, an understanding can be gained with regards to what motivates and constrains their argumentative practices. From this, a better understanding of both how the law has developed and where a solution to the extraterritorial challenge can be obtained. If, as some have argued, it is imperialistic to apply the Convention's obligations extraterritorially, the attention of this book lies with the 'human rights imperialists' who have construed those obligations to apply in this manner, as it is with them that any lasting solution to this particular challenge will be found"--

Human Rights Unbound

Lea Raible
Human Rights Unbound Book PDF

Author : Lea Raible
Publisher : Oxford University Press
Page : 257 pages
File Size : 41,7 Mb
Release : 2020-05-03
Category : Law
ISBN : 9780192608505

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Human Rights Unbound by Lea Raible Pdf

This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.

The Extraterritorial Application of Selected Human Rights Treaties

Karen da Costa
The Extraterritorial Application of Selected Human Rights Treaties Book PDF

Author : Karen da Costa
Publisher : Martinus Nijhoff Publishers
Page : 335 pages
File Size : 53,6 Mb
Release : 2012-10-12
Category : Law
ISBN : 9789004228375

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The Extraterritorial Application of Selected Human Rights Treaties by Karen da Costa Pdf

Focusing on treaties jeopardized during the 'war on terror', this book investigates whether and to what extent human rights treaties apply to states acting abroad. It proposes a way to accommodate conflicting interests, while preserving the effective protection of basic rights.

Beyond National Borders

Sigrun Skogly
Beyond National Borders Book PDF

Author : Sigrun Skogly
Publisher : Intersentia nv
Page : 235 pages
File Size : 45,7 Mb
Release : 2006
Category : Exterritoriality
ISBN : 9789050954341

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Beyond National Borders by Sigrun Skogly Pdf

Within and outside the legal and academic professions, it is now increasingly recognised that the human rights consequences of states' actions are not limited to the domestic sphere but quite often transcend national borders. This is a challenge to the human rights community, which up to the present time has focused almost exclusively on human rights violations and protections solely within a national setting. The term "extraterritorial" effect/application/obligation in international law refers to acts that are taken by one actor (state) that have some kind of effect within another country's territory, with or without this second country's implicit or explicit agreement. Extraterritoriality within international human rights law, then, concerns actions or omissions by one state that have an effect on the human rights of individuals in another state - with or without this other state's agreement. This effect may be positive or negative in that such actions or omissions by foreign states may contribute positively to the enjoyment of human rights; or alternatively, they may result in a deteriorated human rights situation, and even human rights violations. This book gives, for the first time, a comprehensive analysis of extraterritorial obligations in international human rights law by placing the discussion in a larger international law context, interpreting obligations in the various sources of international human rights law, and discussing the way in which extraterritoriality has been approached by international courts and human rights implementation bodies in the United Nations and regional systems.

The Frontiers of Human Rights

Nehal Bhuta
The Frontiers of Human Rights Book PDF

Author : Nehal Bhuta
Publisher : Oxford University Press
Page : 254 pages
File Size : 49,8 Mb
Release : 2016
Category : Law
ISBN : 9780198769279

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The Frontiers of Human Rights by Nehal Bhuta Pdf

In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state.

Global Justice, State Duties

Malcolm Langford
Global Justice State Duties Book PDF

Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 497 pages
File Size : 52,5 Mb
Release : 2013
Category : Law
ISBN : 9781107012776

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Global Justice, State Duties by Malcolm Langford Pdf

Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.

The Routledge Handbook on Extraterritorial Human Rights Obligations

Mark Gibney,Gamze Erdem Türkelli,Markus Krajewski,Wouter Vandenhole
The Routledge Handbook on Extraterritorial Human Rights Obligations Book PDF

Author : Mark Gibney,Gamze Erdem Türkelli,Markus Krajewski,Wouter Vandenhole
Publisher : Routledge
Page : 500 pages
File Size : 55,8 Mb
Release : 2021-12-24
Category : Political Science
ISBN : 9781000466133

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The Routledge Handbook on Extraterritorial Human Rights Obligations by Mark Gibney,Gamze Erdem Türkelli,Markus Krajewski,Wouter Vandenhole Pdf

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

The 1949 Geneva Conventions

Andrew Clapham,Paola Gaeta,Marco Sassòli
The 1949 Geneva Conventions Book PDF

Author : Andrew Clapham,Paola Gaeta,Marco Sassòli
Publisher : Oxford University Press
Page : 1400 pages
File Size : 44,8 Mb
Release : 2015-10-15
Category : Law
ISBN : 9780191003530

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The 1949 Geneva Conventions by Andrew Clapham,Paola Gaeta,Marco Sassòli Pdf

The four Geneva Conventions, adopted in 1949, remain the fundamental basis of contemporary international humanitarian law. They protect the wounded and sick on the battlefield, those wounded, sick or shipwrecked at sea, prisoners of war, and civilians in time of war. However, since they were adopted warfare has changed considerably. In this groundbreaking commentary over sixty international law experts investigate the application of the Geneva Conventions and explain how they should be interpreted today. It places the Conventions in the light of the developing obligations imposed by international law on states, armed groups, and individuals, most notably through international human rights law and international criminal law. The context in which the Conventions are to be applied and interpreted has changed considerably since they were first written. The borderline between international and non-international armed conflicts is not as clear-cut as was once thought, and is complicated further by the use of armed force mandated by the United Nations and the complex mixed and transnational nature of certain non-international armed conflicts. The influence of other developing branches of international law, such as human rights law and refugee law has been considerable. The development of international criminal law has breathed new life into multiple provisions of the Geneva Conventions. This commentary adopts a thematic approach to provide detailed analysis of each key issue dealt with by the Conventions, taking into account both judicial decisions and state practice. Cross-cutting chapters on issues such as transnational conflicts and the geographical scope of the Conventions also give readers a full understanding of the meaning of the Geneva Conventions in their contemporary context. Prepared under the auspices of the Geneva Academy of International Humanitarian Law and Human Rights, this commentary on four of the most important treaties in international law is unmissable for anyone working in or studying situations of armed conflicts.

States, Human Rights, and Distant Strangers

Angela Müller
States Human Rights and Distant Strangers Book PDF

Author : Angela Müller
Publisher : Taylor & Francis
Page : 342 pages
File Size : 44,9 Mb
Release : 2023-10-24
Category : Political Science
ISBN : 9781003807292

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States, Human Rights, and Distant Strangers by Angela Müller Pdf

This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad—states’ extraterritorial human rights obligations. Taking an innovative approach, it begins with a profound legal analysis of the issue at national, supranational, and international levels and then engages in depth with counterarguments against extraterritorially applying human rights, on the basis of which it develops its own ethical justificatory theory of extraterritorial human rights obligations. The book closes the circle by showing what the practical implications of this theory for the interpretation (and possible evolvement) of human rights law would be. In a world where critiques of, and resistance to, the general idea of universal human rights are on rise, the book contributes to closing the gap between judicial and normative perspectives on extraterritorial human rights obligations by inquiring into the ethical underpinnings of this topical legal challenge. This book will be of key interest to scholars and students in human rights, international law, and more broadly in political philosophy, philosophy of law, and international relations.

Human Rights Imperialists

Conall Mallory
Human Rights Imperialists Book PDF

Author : Conall Mallory
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 46,6 Mb
Release : 2020-04-16
Category : Political Science
ISBN : 9781509914746

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Human Rights Imperialists by Conall Mallory Pdf

To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found.

Conceptual and Contextual Perspectives on the Modern Law of Treaties

Michael J. Bowman,Dino Kritsiotis
Conceptual and Contextual Perspectives on the Modern Law of Treaties Book PDF

Author : Michael J. Bowman,Dino Kritsiotis
Publisher : Cambridge University Press
Page : 1171 pages
File Size : 50,9 Mb
Release : 2018-10-31
Category : Law
ISBN : 9781107100527

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Conceptual and Contextual Perspectives on the Modern Law of Treaties by Michael J. Bowman,Dino Kritsiotis Pdf

In recent years there has been a flourishing body of work on the Law of Treaties, crucial for all fields within international law. However, scholarship on modern treaty law falls into two distinct strands which have not previously been effectively synthesized. One concerns the investigation of concepts which are fundamental to or inherent in the law of treaties generally - such as consent, object and purpose, breach of obligation and provisional application - while the other focuses upon the application of treaties and of treaty law in particular substantive (e.g. human rights, international humanitarian law, investment protection, environmental regulation) or institutional contexts (including the Security Council, the World Health Organization, the International Labour Organization and the World Trade Organization). This volume represents the culmination of a series of collaborative explorations by leading experts into the operation, development and effectiveness of the modern law of treaties, as viewed through these contrasting perspectives.

Human Rights and the Dark Side of Globalisation

Thomas Gammeltoft-Hansen,Jens Vedsted-Hansen
Human Rights and the Dark Side of Globalisation Book PDF

Author : Thomas Gammeltoft-Hansen,Jens Vedsted-Hansen
Publisher : Routledge
Page : 414 pages
File Size : 54,5 Mb
Release : 2016-12-08
Category : Political Science
ISBN : 9781315408248

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Human Rights and the Dark Side of Globalisation by Thomas Gammeltoft-Hansen,Jens Vedsted-Hansen Pdf

This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.