Chapter

Models of Extraterritorial Application

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/9780199696208.003.0004

Series: Oxford Monographs in International Law

Models of Extraterritorial Application

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This chapter concludes the interpretative inquiry into the meaning of the jurisdiction clauses, and elaborates on the several possible models of extraterritorial application of human rights treaties. These include the spatial model of jurisdiction, which grounds the application of human rights treaties in state effective control over territory; the personal model of jurisdiction, based on various forms of state authority and control over individuals; and a mixed model which is based on the distinction between positive and negative obligations under the treaties.

Keywords: state jurisdiction; spatial model; personal model; ships; aircraft; embassies; positive obligations; negative obligations

Chapter.  62835 words. 

Subjects: Human Rights and Immigration

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