Chapter

From Compromise to Principle

Marko Milanovic

in Extraterritorial Application of Human Rights Treaties

Published in print July 2011 | ISBN: 9780199696208
Published online September 2011 | e-ISBN: 9780191729805 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696208.003.0002

Series: Oxford Monographs in International Law

From Compromise to Principle

More Like This

Show all results sharing this subject:

  • Human Rights and Immigration

GO

Show Summary Details

Preview

This chapter tries to clear up some of the conceptual confusion in existing case law. It examines the notion of state jurisdiction in human rights treaties, and attempts to place it within the framework of international law. Is this notion the general concept of jurisdiction one finds in public international law, as contemplated by the European Court in Bankovic, or is it a distinct, autonomous concept, which is a part of a self-contained human rights regime? Is it a simple admissibility requirement for an application, or a test of attribution in the framework of state responsibility, as assumed by the International Criminal Tribunal for the Former Yugoslavia in the Tadic case, or is it in fact a threshold criterion determining whether a human rights obligation exists in the first place? These are some of the questions that the chapter hopes to answer.

Keywords: state jurisdiction; jurisdiction clauses; treaty interpretation; state responsibility; attribution; Bankovic; Loizidou; Tadic

Chapter.  19908 words. 

Subjects: Human Rights and Immigration

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.