The extraterritorial application of selected human rights treaties /
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| Author / Creator: | Costa, Karen da |
|---|---|
| Imprint: | Leiden ; Boston : Martinus Nijhoff Publishers, 2013. |
| Description: | x, 324 p. ; 25 cm. |
| Language: | English |
| Series: | Graduate institute of international and development studies ; v. 11 Graduate Institute of International and Development Studies (Series) ; v. 11. |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/8967885 |
Table of Contents:
- Introduction
- 1. Origins of the Current Debate
- 2. Object and Method of the Present Investigation
- 3. Are States Bound By Human Rights Treaties When They Operate Abroad?
- A. Main Arguments Supporting the Territorial Application of Human Rights Treaties
- B. Main Arguments Supporting the Extraterritorial Application of Human Rights Treaties
- Chapter 1. The International Covenant on Civil and Political Rights
- Preliminary Considerations on the Interpretation of International Treaties
- 1. Wording and Origins
- 2. History of the Proceedings
- A. Spatial Scope of the Covenant During the Initial Phase (1947-1948)
- B. Relevant Developments During the Drafting Phase (1949-1954)
- 1. A Key Provision
- 2. Drafters' Main Focus of Concern: Guaranteeing Rights to Nationals and Aliens in a State Party's Territory
- 3. US Amendments to the Jurisdictional Clause
- a. Analysis of the US Proposal to Include Reference to 'Territory' in the Jurisdictional Clause
- 4. French Text: 'Competence' Instead of 'Juridiction'
- 5. The 194th Meeting of the Commission on Human Rights (1950)
- a. Protection of Nationals/Aliens Within/Outside a State Party's Territory
- b. Military Occupation as an Exceptional Situation
- c. Reference to the Reach of Penal Law
- d. Nature of Rights and Possibility of Ensuring them Abroad
- e. Different Phrasings Suggested for Article 2(1)
- 6. The Failed French Attempt to Delete Reference to 'Territory'
- C. Relevant Developments During the Deliberation Phase (1954-1966)
- Conclusion: Extraterritoriality in the Preparatory Work of the ICCPR
- 3. The Jurisdictional Clause of the ICCPR Interpreted by Monitoring Bodies
- Preliminary Considerations
- A. Quasi-Judicial Bodies: The Position of the Human Rights Committee
- 1. Views in Individual Communications
- a. Petitions Brought by Persons Who Fled the Country Regarding Events Occurred in the Country
- b. Passport Cases
- c. Persons Kidnapped by State Agents Operating Abroad
- 2. General Comments
- 3. Concluding Observations
- a. Military Occupation
- b. Troops Operating Abroad in Situations Other than Military Occupation
- c. The US Territorial Interpretation of the Covenant
- B. Judicial Bodies: The Position of the International Court of Justice
- 1. Wall Advisory Opinion
- 2. Judgment in the Case of Armed Activities on the Territory of the Congo
- C. Further International Human Rights Mechanisms: UN Special Procedures
- Conclusion
- Chapter 2. The Spatial Reach of the European Convention on Human Rights
- Introduction
- 1. Wording and Origins of Article 1 ECHR
- 2. European Commission of Human Rights: 'Authority and Control Over Persons'
- A. Cases Related to Diplomatic and Consular Authorities
- B. Cases Involving Arrest or Detention of Persons Abroad
- C. Further Exercise of Public Powers Abroad
- D. Cases Involving the Presence of Troops Abroad
- Conclusion
- 3. Cases Before the European Court of Human Rights
- A. Cases before Bankovic
- 1. Control over Territory
- 2. Regular Exercise of Public Powers
- 3. Non-Refoulement Cases
- Conclusion on the Pre-Bankovic Jurisprudence
- B. The Bankovic Case
- 1. Factual Background
- 2. Parties' Arguments
- 3. Decision by the Court
- a. Recourse to the VCLT (1969)
- 1. Ordinary Meaning of Jurisdiction in Public International Law: Primarily Territorial
- 2. Subsequent State Practice
- 3. Confirmation of Results: Travaux Préparatoires
- b. Recall of the Jurisprudence of the Court on Extraterritorial Jurisdiction
- c. Court's Evaluation of the Case at Hand
- 1. Cause-and-Effect Notion of Jurisdiction
- 2. Rendering Reference to Jurisdiction in Article 1 Devoid of Any Purpose
- 3. Limited Airspace Control as Amounting to Jurisdiction: Comparison with the Soering Case
- 4. Comparable Treaty Provisions and Jurisprudence of Further Human Rights Bodies on the Subject
- 5. 'Ordre Public' Argument, Avoiding a Regrettable vacuum and the Legal Space of the ECHR
- 6. Comparison with then Ongoing Cases on Similar Issues
- 7. Absence of a 'Jurisdictional Link'
- 8. Further Possible Non-Stated Reasons Influencing the Decision in Bankovic
- 9. Regional Character of the Convention
- Conclusion on the Bankovic Case
- C. First Cases After Bankovic
- 1. Control Over Persons
- 2. Control Over Territory
- 3. Control Over Persons and Control Over an Area
- Conclusion on the First Cases after Bankovic
- D. Later Cases After Bankovic
- 1. Exercise of Public Powers Abroad
- 2. Effects of Acts Abroad
- 3. Cases Involving the Presence of Troops Abroad
- a. Detention of Persons Abroad
- b. Incidents in UN Neutral Buffer Zone
- c. Further Military Operations
- Conclusion
- Overall Concluding Remarks
- Chapter 3. The Convention Against Torture
- 1. A Different Treaty Covering an Absolute Right
- 2. Extent of States Parties' Obligations
- A. States' Main Obligation Under the Convention Against Torture
- B. Preparatory Work of the Convention Against Torture
- 1. Discussions on Article 2(1) CAT During the Preparatory Work
- 2. Discussions on Article 16(1) CAT During the Preparatory Work
- 3. Discussions on Article 3(1) CAT During the Preparatory Work
- 3. Doubts Raised on the Geographical Extent of Application of the CAT
- A. The Position of the United Kingdom
- 1. The Position of the Committee in Relation to the UK
- 2. The UK Comments on the Recommendations by the Committee
- 3. Later Developments Regarding the UK
- B. The Position of the United States
- 1. The Position of the Committee in Relation to the US
- 2. The US Comments on the Recommendations by the Committee
- 3. Later Developments Regarding the US
- C. The Position of the Committee as Reflected in its Further Practice
- Conclusion
- Final Conclusion
- Bibliography
- Table of Cases
- Table of Treaties, Legislation, and Other Relevant Instruments
- Index
