(Extra)territorial obligations of states

Marten Zwanenburg

Chapter 3 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 39-55 from Edward Elgar Publishing

Abstract: This chapter discusses the (geographic) applicability of human rights to States. Although some attention is paid to customary international human rights law, the focus is on the (extra)territorial application of human rights treaties. This chapter mainly looks to the pronouncements of human rights treaty bodies and international courts and tribunals to identify the main points of consensus and dissent, as well as recent trends. The chapter finds that the notion of jurisdiction plays a key role in determining the territorial application of human rights. Whereas a State is presumed to exercise jurisdiction throughout its territory, the exercise of jurisdiction outside its territory is exceptional. Because of different approaches by human rights monitoring bodies, it is doubtful that a fully uniform doctrine on territorial application of human rights will develop in the short term.

Keywords: ECHR; Extraterritoriality; Geographical application; Human rights; ICCPR; Jurisdiction (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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