Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

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

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.