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International Human Rights Law Beyond State Territorial Control (Hardcover)
Loot Price: R3,064
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International Human Rights Law Beyond State Territorial Control (Hardcover)
Series: Cambridge Studies in International and Comparative Law
Expected to ship within 12 - 17 working days
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Can international human rights law be applied and enforced in a
part of a State's territory outside its effective control? This
study provides a step by step analysis to show how it can.
International human rights law can normalise an imperfect,
defective situation through pragmatic interpretation; it imposes
obligations both on the territorial State on account of its
sovereign title and residual effectiveness on the one hand, and on
any subject of international law exercising territorial control
over the area on account of its effective control on the other. By
considering effectiveness beyond formal normative sources and
titles of the subjects implicated in the territorial situation,
international human rights law is interpreted and applied in a
manner which renders human rights practical and effective. The book
provides a comprehensive analysis of State practice regarding
various subjects implicated in the territorial situation,
applicable legal sources and major geographic areas.
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