Redefining the scope of application of human rights within international cooperation

Prisca Feihle ()

Chapter 11 in An International Human Rights Law of Cooperation, 2025, pp 259-274 from Edward Elgar Publishing

Abstract: That a state is bound by human rights under the European Convention on Human Rights within its cooperation with other states presupposes that its jurisdiction is engaged. This chapter argues that the cross-border dimensions inherent to international cooperation and its effects on human rights protection require a cautious extension of the concept of jurisdiction. Based on a critical engagement with other approaches put forward in international legal scholarship and practice, it suggests understanding jurisdiction as a state's control or power in situations with sufficiently significant, direct and foreseeable effects upon individuals. The chapter demonstrates how this understanding allows delineating the scope of application of human rights specifically in constellations of cooperation between states.

Keywords: Jurisdiction; Delineation of responsibility; Minimum threshold; Control; Power; Sufficiently significant; direct and foreseeable effects (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035335787
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