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From Compromise to Principle

Marko Milanovic

in Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter tries to clear up some of the conceptual confusion in existing case law. It examines the notion of state jurisdiction in human rights treaties, and attempts to place it within the ... More


Adjudicating Human Rights Violations Committed by Private Contractors in Conflict Situations before the European Court of Human Rights

Giulia Pinzauti

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0009
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses the challenges to the supervision and adjudication of human rights breaches committed by PMSCs in wartime before the European Court of Human Rights (ECtHR). It argues that, to ... More


EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0008
Subject:
Law, Human Rights and Immigration

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in ... More


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