Extraterritorial Obligations and the Obligation to Protect

Bibliography File Note

Type
Book Section

Author
Sigrun Skogly

URL
http://ift.tt/2kC2PbE

Series
Netherlands Yearbook of International Law

Publisher
T.M.C. Asser Press, The Hague

Pages
217-244

ISBN
978-94-6265-206-4 978-94-6265-207-1

Date
2017

Extra
DOI: 10.1007/978-94-6265-207-1_9

Accessed
2017-12-19 23:19:59

Library Catalog
link-springer-com.ezproxy.lib.monash.edu.au

Language
en

Abstract
Since the late 1970s, what we today label ‘globalisation’ has altered many aspects of international law, not least international human rights law. This has been reflected inter alia in increased calls for universal respect for human rights beyond a state’s territorial border. The challenges to territoriality in this regard does not only relate to the actions of states abroad, but also with respect to their regulation of the conduct of business enterprises over which they exert significant influence. The chapter analyses the European Court of Human Rights’ jurisprudence and practice of the UN human rights bodies, and argues that extraterritorial human rights obligations have become an integral part of international human rights law. It is held that what has been seen as ‘exceptional’ now represent ‘common practice’. This conclusion is then applied to the discussion of the new treaty on human rights as currently being drafted.

Book Title
Netherlands Yearbook of International Law 2016

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