Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Paperback | May 10, 2013

byMarko Milanovic

not yet rated|write a review
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 militaryoccupation, 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 peoplehave 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 jurisdictionclauses 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, andcourts 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' extraterritorialapplication. 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.

Pricing and Purchase Info

$52.50

Ships within 1-3 weeks
Ships free on orders over $25

From the Publisher

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 militaryoccupation, deposed dictators, suspected terroris...

Marko Milanovic is a Lecturer in Law at the University of Nottingham School of Law. He obtained his first degree in law from the University of Belgrade Faculty of Law, his LL.M from the University of Michigan Law School, and his PhD in international law from the University of Cambridge. He is a member of the Executive Board of the Eur...

other books by Marko Milanovic

Format:PaperbackDimensions:306 pagesPublished:May 10, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199682259

ISBN - 13:9780199682256

Look for similar items by category:

Customer Reviews of Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Reviews

Extra Content

Table of Contents

1. Introduction2. From Compromise to Principle3. Policy Behind the Rule4. Models of Extraterritorial Application5. Norm Conflicts, International Humanitarian Law, and Human Rights Law6. General Conclusion