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date: 05 December 2019

Abstract and Keywords

This chapter explores the controversial extra-territorial jurisdiction of human rights courts, arguing that human rights law should accept extraterritorial obligations. This argument relies on two submissions. First, reality indicates that states frequently engage in extraterritorial conduct, or take measures with extraterritorial effects, which can have a negative impact on human rights outside of these states’ borders. Second, human rights law must be able to reflect reality, that is to say, it must be able to engage with extra-territorial conduct or effects. The chapter then addresses the question of which rights-holders a State Party has obligations. It may be said that jurisdiction has rather been a spoiler of change than a game-changer in the case law of the European Court of Human Rights (ECtHR)

Keywords: international courts, international tribunals, jurisdiction, statehood, jurisdiction of states, organs of states, extraterritorial, territoriality principle, human rights, ECtHR

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