Extraterritorial Application of Human Rights Treaties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Extraterritorial Application of Human Rights Treaties write by Marko Milanovic. This book was released on 2013-03-28. Extraterritorial Application of Human Rights Treaties available in PDF, EPUB and Kindle. 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.
Extraterritorial Application of Human Rights Treaties
Extraterritorial Application of Human Rights Treaties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Extraterritorial Application of Human Rights Treaties write by Fons Coomans. This book was released on 2004. Extraterritorial Application of Human Rights Treaties available in PDF, EPUB and Kindle. "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.
The Extraterritorial Application of Selected Human Rights Treaties
The Extraterritorial Application of Selected Human Rights Treaties - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Extraterritorial Application of Selected Human Rights Treaties write by Karen da Costa. This book was released on 2012-10-12. The Extraterritorial Application of Selected Human Rights Treaties available in PDF, EPUB and Kindle. 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.
The Reach of Human Rights in a Globalising World
The Reach of Human Rights in a Globalising World - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Reach of Human Rights in a Globalising World write by Michał Gondek. This book was released on 2009. The Reach of Human Rights in a Globalising World available in PDF, EPUB and Kindle. 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
The Frontiers of Human Rights
The Frontiers of Human Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Frontiers of Human Rights write by Nehal Bhuta. This book was released on 2016. The Frontiers of Human Rights available in PDF, EPUB and Kindle. 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.
