Chapter

Policy Behind the Rule

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/9780199696208.003.0003

Series: Oxford Monographs in International Law

Policy Behind the Rule

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The second chapter began the inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, and of their construction into workable legal concepts and rules. Their interpretation cannot be complete, however, without examining the object and purpose of these treaties, and the various policy considerations which influence courts in their decision-making, which is the object of this chapter. This chapter focuses on the tension between universality and effectiveness, which is the prime cause of methodological and conceptual inconsistencies in the case law. It looks at a number of normative considerations, such as the universality and indivisibility of human rights, territorial sovereignty, citizenship, cultural relativism, and regionalism.

Keywords: universality; effectiveness; sovereignty; citizenship; relativism; regionalism; norm conflict; deference

Chapter.  35232 words. 

Subjects: Human Rights and Immigration

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