Overview

Focusing on treaties jeopardized during the 'war on terror', The Extraterritorial Application of Selected Human Rights Treaties investigates whether and to what extent human rights treaties apply to states acting abroad. It proposes a way to accommodate conflicting interests, while preserving the effective protection of basic rights.

Full Product Details

Author:   Karen da Costa ,  Karen Da Costa
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   11
Dimensions:   Width: 15.50cm , Height: 2.30cm , Length: 23.50cm
Weight:   1.440kg
ISBN:  

9789004228375

ISBN 10:   9004228373
Pages:   326
Publication Date:   12 October 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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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) 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 B. JUDICIAL BODIES: THE POSITION OF THE INTERNATIONAL COURT OF JUSTICE 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 B. THE BANKOVIC CASE C. FIRST CASES AFTER BANKOVIC D. LATER CASES AFTER BANKOVIC 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 3. DOUBTS RAISED ON THE GEOGRAPHICAL EXTENT OF APPLICATION OF THE CAT A. THE POSITION OF THE UNITED KINGDOM B. THE POSITION OF THE UNITED STATES 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

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Author Information

Karen da Costa, Ph.D. (2011) in International Relations (specialization in International Law), Graduate Institute of International and Development Studies / University of Geneva, is Visiting Lecturer at the University of Roehampton. Her interests relate to contemporary international human rights law.

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