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Extraterritorial Application of Human Rights Treaties - Law, Principles, and Policy (Hardcover)
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Extraterritorial Application of Human Rights Treaties - Law, Principles, and Policy (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 19 working days
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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.
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