Chapter

Extraterritorial Applicability of Human Rights Law

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print May 2010 | ISBN: 9780199584840
Published online September 2010 | e-ISBN: 9780191594540 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199584840.003.0009

Series: Oxford Monographs in International Law

Extraterritorial Applicability of Human Rights Law

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This chapter provides detailed analysis of the question of whether states are bound by human rights law when acting outside their borders. The background and objective of the International Covenant on Civil and Political Rights are examined, as is the concept of jurisdiction in the context of human rights treaties and cases of human rights bodies. The different types of actions by a state are examined in this context, including acts of diplomatic and consular agents, detention, and authority or control outside formally acknowledged detention facilities. The chapter raises the possibility of a contextual approach to obligations, and of non treaty-based extraterritorial human rights obligations.

Keywords: human rights; jurisdiction; sovereignty; treaties; extraterritorial; obligations; abduction; detention

Chapter.  23512 words. 

Subjects: Human Rights and Immigration

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