Extraterritorial Application of Human Rights Treaties

Milanović, Marko

doi:10.1093/acprof:oso/9780199696208.001.0001

Cited by 296 publications

(31 citation statements)

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“…71 After all, a State may exercise just "some of the public powers"; 72 consequently, this exercise will be regulated by some human rights, namely those that fit the specific exercise, and those rights in the positive or negative dimension. 73 One can find support for this view in the ECtHR's jurisprudence. 74 The Court has held that Iranian nationals, who were crossing the Turkish-Iranian border illegally and were killed by Turkish helicopters, were under Turkish jurisdiction, regardless of the exact whereabouts of the victims on Turkish or Iranian soil.…”

Section: Iii4 the Banković And Al-skeini-approaches In Relation Tomentioning

confidence: 98%

Unmanned Military Systems and Extraterritorial Application of Human Rights Law

Frau¹

2018

GroJIL

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The article addresses human rights issues that arise from the use of unmanned military systems in armed conflict. It is assessed when and to what extent human rights law applies in times of armed conflict. The major focus is the question of whether or not human rights law applies extraterritorially. It is argued that it applies to a greater extent to the use of unmanned military systems than might be expected under the jurisprudence of the European Court of Human Rights. Hence, a new approach to the concept of ‘jurisdiction’ is submitted. In addition, specific scenarios, in which unmanned military systems are frequently deployed, are measured against the legal framework.

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Section: Iii4 the Banković And Al-skeini-approaches In Relation Tomentioning

confidence: 98%

Unmanned Military Systems and Extraterritorial Application of Human Rights Law

Frau¹

2018

GroJIL

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“…As no legal definitions of the main concepts involved exist, most especially the notion of 'jurisdiction', the development of this area of international law depends heavily on the criteria adopted by jurisprudence (Abrisketa & Casas, 2016). While the concept of 'jurisdiction' under human rights law is continually evolving, recent scholarship is focused primarily on political and civil rights, where there is more case law (Milanovic, 2011), and it is accepted that there are contrary opinions as to the degree to which extraterritorial obligations extend to economic and social rights, including taxation policy. For some, however, the extraterritoriality principle means that human rights norms apply both within and beyond its territory, and that states should take action both separately and jointly, through international cooperation, to progressively realise rights.…”

Section: The Principle Of Extraterritorialitymentioning

confidence: 99%

Maximising available resources: Equality and human rights proofing Irish fiscal policy

Murphy

2017

Administration

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The paper examines various rationales for applying equality and human rights proofing mechanisms to fiscal policy. The principle of using available resources to the maximum to progressively realise human rights, and not to erode the revenue capacity of developing nations to do likewise, is at the heart of emerging human rights norms. To date, Irish budgetary processes and major policy statements such as the Commission on Taxation or the draft outline National Plan on Business and Human Rights Strategy have not engaged with the principles of maximising available resources or extraterritoriality. Proofing fiscal policy is also relevant from the perspective of fiscal welfare where taxation instruments, traditionally used as a revenue-gathering mechanism, are increasingly used as distributional mechanisms to achieve policy outcomes in pensions, health, housing and employment, with important equality and distributive dimensions, particularly from gender, age and socioeconomic perspectives. A number of practical institutional mechanisms and evaluative questions can guide equality and human rights proofing of fiscal policy, but commitments to maximise resources to realise rights also need to be promoted through a public discourse which sees taxation as potential investment in society rather than a burden or cost on the economy.

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“…141 The extent to which one can read into this provision the IHL rules on the conduct of hostilities is, consequently, more limited than in the case of the arbitrariness standard found in the ICCPR and ACHR. 142 However, it is important to note that the European Court of Human Rights has interpreted the right not to be deprived of one's liberty under Article 5 of the European Convention by reference to the IHL rules on detention in international armed conflicts. 143 This was done despite the fact that the relevant provision, like the provision on the right to life, is not expressed by reference to arbitrary deprivation, but rather a closed list of permissible bases for deprivation of liberty.…”

Section: B Application Of Human Rights In Armed Conflictmentioning

confidence: 99%

The International Law Framework Regulating the Use of Armed Drones

Heyns¹,

Akande²,

Hill-Cawthorne³

et al. 2016

ICLQ

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This article provides a holistic examination of the international legal frameworks which regulate targeted killings by drones. The article argues that for a particular drone strike to be lawful, it must satisfy the legal requirements under all applicable international legal regimes, namely: the law regulating the use of force (ius ad bellum); international humanitarian law and international human rights law. It is argued that the legality of a drone strike under the ius ad bellum does not preclude the wrongfulness of that strike under international humanitarian law or international human rights law, and that since those latter obligations are owed to individuals, one State cannot consent to their violation by another State. The article considers the important legal challenges that the use of armed drones poses under each of the three legal frameworks mentioned above. It considers the law relating to the use of force by States against non-State groups abroad. This part examines the principles of self-defence and consent, in so far as they may be relied upon to justify targeted killings abroad. The article then turns to some of the key controversies in the application of international humanitarian law to drone strikes. It examines the threshold for non-international armed conflicts, the possibility of a global non-international armed conflict and the question of who may be targeted in a non-international armed conflict. The final substantive section of the article considers the nature and application of the right to life in armed conflict, as well as the extraterritorial application of that right particularly in territory not controlled by the State conducting the strike.

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Extraterritorial Application of Human Rights Treaties

Cited by 296 publications

References 0 publications

Unmanned Military Systems and Extraterritorial Application of Human Rights Law

Unmanned Military Systems and Extraterritorial Application of Human Rights Law

Maximising available resources: Equality and human rights proofing Irish fiscal policy

The International Law Framework Regulating the Use of Armed Drones

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