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The Extraterritorial Application Of Selected Human Rights Treaties
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Book Synopsis The Extraterritorial Application of Selected Human Rights Treaties by : Karen da Costa
Download or read book The Extraterritorial Application of Selected Human Rights Treaties written by Karen da Costa and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Extraterritorial Application of Human Rights Treaties by : Fons Coomans
Download or read book Extraterritorial Application of Human Rights Treaties written by Fons Coomans and published by Intersentia nv. This book was released on 2004 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Book Synopsis The Extraterritorial Application of Selected Human Rights Treaties by : Karen da Costa
Download or read book The Extraterritorial Application of Selected Human Rights Treaties written by Karen da Costa and published by . This book was released on 2011 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Extraterritorial Application of Human Rights Treaties by : Marko Milanovic
Download or read book Extraterritorial Application of Human Rights Treaties written by Marko Milanovic and published by OUP Oxford. This book was released on 2013-03-28 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights Unbound by : Lea Raible
Download or read book Human Rights Unbound written by Lea Raible and published by Oxford University Press. This book was released on 2020-05-03 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Human Rights Imperialists by : Conall Mallory
Download or read book Human Rights Imperialists written by Conall Mallory and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Extraterritorial Application of Selected Human Rights Treaties by : Karen da Costa
Download or read book The Extraterritorial Application of Selected Human Rights Treaties written by Karen da Costa and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Extraterritorial Application of Human Rights Treaties and Extraterritorial Obligations of States by : Berit Kristina Morris-Take
Download or read book The Extraterritorial Application of Human Rights Treaties and Extraterritorial Obligations of States written by Berit Kristina Morris-Take and published by . This book was released on 2011 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis What Now for Private Smith? by : Hollie Higgins
Download or read book What Now for Private Smith? written by Hollie Higgins and published by . This book was released on 2014 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Frontiers of Human Rights by : Nehal Bhuta
Download or read book The Frontiers of Human Rights written by Nehal Bhuta and published by Oxford University Press. This book was released on 2016 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Global Justice, State Duties by : Malcolm Langford
Download or read book Global Justice, State Duties written by Malcolm Langford and published by Cambridge University Press. This book was released on 2013 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Book Synopsis The Oxford Guide to Treaties by : Duncan B. Hollis
Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press, USA. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.
Book Synopsis The Routledge Handbook on Extraterritorial Human Rights Obligations by : Mark Gibney
Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Principles and Policy Behind the Extraterritorial Application of Human Rights Treaties by : Marko Milanovic
Download or read book Principles and Policy Behind the Extraterritorial Application of Human Rights Treaties written by Marko Milanovic and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Takele Soboka Bulto Publisher :Routledge Research in Human Rights Law ISBN 13 :9780415823708 Total Pages :224 pages Book Rating :4.8/5 (237 download)
Book Synopsis Extraterritoriality and International Human Rights Law by : Takele Soboka Bulto
Download or read book Extraterritoriality and International Human Rights Law written by Takele Soboka Bulto and published by Routledge Research in Human Rights Law. This book was released on 2014-12-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The overall structure of international human rights law has generally been understood as a regime that is designed in such a way as to protect individuals and groups against abusive domestic state power. The initial stages of the development of international human rights law focused on limiting the harms that the state can do to individuals and peoples in its own territory emphasising ways of enhancing domestic application of international human rights. However, this domestic-oriented approach to a state¿s human rights obligations has increasingly proved in recent years to be inadequate for the effective protection and realisation of individuals¿ and groups¿ rights and freedoms. Violations of human rights at the domestic level have come to be increasingly committed by extra-territorial actors, which could be state or non-state entities. Territorially-bound responsibilities of states thus leave a ¿legal black hole¿ in the protective regime of international human rights law where the absence or obscurity of a duty bearer and the resulting lack of redress would lead to a situation where the universal nature of rights becomes empty promises for many of the supposed beneficiaries. This book examines the corpus and jurisprudence of the regional African human rights treaties in the light of international treaty and case laws. It explores the textual bases of African human rights instruments in order to gauge the possibility of the treaties¿ extraterritorial scope where human rights are breached by both State and non-State actors. The question of whether the scope of application of regional treaties is circumscribed by relevant state¿s territory or jurisdiction and the victim¿s nationality or residence is considered, in reference to human and peoples¿ rights, states¿ duties and remedies. The case law of the African Commission, the African Committee of Experts on the Rights and Welfare of the Child and the African Court on Human and People¿s Rights is analysed as well as sub regional tribunals such as the SADC and the ECOWAC tribunals. The book also looks at the implications of the ¿jurisdiction¿ clause inserted in the relatively new African treaty the Protocol establishing the African Court on Human Rights and Justice. The jurisprudence of the UN and regional human rights bodies is referred to in order to appraise the possibility of drawing analogies and use the experiences of those ¿foreign¿ human rights systems in a way and to the extent the African region can borrow from them.
Book Synopsis The Extraterritorial Application of Human Rights Treaties by : Sandra Krähenmann
Download or read book The Extraterritorial Application of Human Rights Treaties written by Sandra Krähenmann and published by . This book was released on 2005 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Reach of Human Rights in a Globalising World by : Michał Gondek
Download or read book The Reach of Human Rights in a Globalising World written by Michał Gondek and published by School of Human Rights Researc. This book was released on 2009 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the globalizing world of today, the conduct of states often affects the human rights of persons situated outside of those states' territories. The problem of applying human rights to such state conduct has become increasingly topical as a result of phenomena such as the 'war on terror, ' foreign military interventions, and economic globalization. The controversies, as regards the applicability of human rights treaty law in such cases, stem mainly from the wording of the relevant treaty provisions. The principal treaties on civil and political rights require states to guarantee certain human rights to persons 'within their jurisdiction, ' while treaties on economic, social, and cultural rights specifically envisage international cooperation of states' parties for the purposes of achieving these rights. The meaning of 'jurisdiction, ' and the precise nature and content of the obligation of international cooperation, are subject to debate. This study explores the question of extraterritorial application of principal, universal, and regional human rights treaties. It covers treaties on civil and political rights, as well as those on economic, social, and cultural rights. The study determines to what extent and under which circumstances human rights treaties are applicable to state conduct which affects the human rights of persons situated outside the borders of the state party in question. The problem is analyzed by reference to the rules of treaty interpretation and in the conceptual framework of public international law. It contains a thorough analysis of preparatory works of the relevant treaties, the case law of the International Court of Justice and of human rights courts, as well as other output of human rights treaty bodies. State practice, including the case law of national courts, is also explored. The study argues for a flexible approach to extraterritorial application of human rights treaties which would make it possible for the human right systems to respond to the challenges posed by the evermore notorious extraterritorial state conduct. In 2010, Michal Gondek has won the first prize in the Max van der Stoel Human Rights award for this book. He also has won Manfred Lachs Prize for the Best Book Debut in International Law by a Polish Author 20
