Beyond National Borders: States' Human Rights Obligations in International Cooperation

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Intersentia nv, 2006 - Law - 222 pages
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Within and outside the legal and academic professions, it is now increasingly recognised that the human rights consequences of states' actions are not limited to the domestic sphere but quite often transcend national borders. This is a challenge to the human rights community, which up to the present time has focused almost exclusively on human rights violations and protections solely within a national setting. The term "extraterritorial" effect/application/obligation in international law refers to acts that are taken by one actor (state) that have some kind of effect within another country's territory, with or without this second country's implicit or explicit agreement. Extraterritoriality within international human rights law, then, concerns actions or omissions by one state that have an effect on the human rights of individuals in another state - with or without this other state's agreement. This effect may be positive or negative in that such actions or omissions by foreign states may contribute positively to the enjoyment of human rights; or alternatively, they may result in a deteriorated human rights situation, and even human rights violations. This book gives, for the first time, a comprehensive analysis of extraterritorial obligations in international human rights law by placing the discussion in a larger international law context, interpreting obligations in the various sources of international human rights law, and discussing the way in which extraterritoriality has been approached by international courts and human rights implementation bodies in theUnited Nations and regional systems.
  

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Contents

EXTRATERRITORIALITY IN A HISTORICAL AND POLITICAL SETTING
9
Human Rights and Foreign Policy
13
From Condemnation to Conditionality
15
A Right to International Assistance and Cooperation?
17
A Rightsbased Approach to Development
19
Human Rights and the War on Terror
20
Concluding Remarks
21
EXTRATERRITORIALITY IN INTERNATIONAL LAW
23
The Content of Customary International Human Rights Law
119
Customary Human Rights Law Beyond the Universal Declaration
126
General Principles of Law
131
Concluding Remarks
133
SOFT LAW
135
Developments Within the UN System
136
Other UN Declarations
140
The Views of the UN Treatybased Committees
143

Sovereignty The Westphalian Legacy
24
State Sovereignty and Human Rights
27
State Responsibility and Jurisdiction
29
Obligations of Conduct or Obligations of Result
32
Subjective or Objective Obligations
34
Shared Responsibility
37
Jurisdiction
43
The Nature of Human Rights Law
47
Lessons from International Environmental Law
49
Concluding Remarks
55
EXTRATERRITORIAL HUMAN RIGHTS OBLIGATIONS
57
Subjects of Obligations
61
Human Rights Obligations in an Extraterritorial Perspective
66
Protect
69
Fulfil
71
RELEVANT SOURCES OF INTERNATIONAL HUMAN RIGHTS LAW
73
The Charter of the United Nations
74
The International Covenants on Human Rights
83
The International Covenant on Civil and Political Rights
98
The International Convention on the Rights of the Child
101
The Torture Convention
105
CUSTOMARY INTERNATIONAL LAW AND GENERAL PRINCIPLES OF INTERNATIONAL LAW
109
The Nature of Customary Law Obligations
116
The Committee on Economic Social and Cultural Rights
144
The Human Rights Committee
153
Committee on the Rights of the Child
158
Committee Against Torture CAT
161
Concluding Remarks
163
JURISPRUDENCE
165
The International Court of Justice
166
The European Court of Human Rights Cases
171
The InterAmerican Court of Human Rights
183
National Courts
185
Concluding Remarks
187
PRACTICAL APPLICATION
189
Trade
190
Development Assistance
192
Participation in International Intergovernmental Organisations
195
Security Cooperation
197
Occupation
198
Concluding Remarks
201
CONCLUSIONS
203
BIBLIOGRAPHY
211
LIST OF CASES
221
Copyright

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Beyond National Borders: Boekbesprekingen
PANOPTICON | 2007.4. 67. Beyond National Borders:. States’Human Rights Obligations in. International Cooperation. Paul De Hert. Boekbesprekingen ...
www.vub.ac.be/ LSTS/ pub/ Dehert/ 149.pdf

INDIANA UNIVERSITY-BLOOMINGTON
INDIANA UNIVERSITY-BLOOMINGTON. SCHOOL OF LAW LIBRARY. MONTHLY ACQUISITIONS LIST. MAY 1-31, 2007. ABDUCTION (LOGIC). Walton, Douglas N. Character evidence ...
www.law.indiana.edu/ library/ publications/ pdf/ acq0507.pdf

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