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Introduction

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/9780199696208.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter sets out the scope and purpose of the whole study. It defines the notion of the extraterritorial application of human rights treaties, explains that the law of treaties sets ... More


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

Marko Milanovic

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199696208
eISBN:
9780191729805
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696208.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and ... More


General Conclusion

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/9780199696208.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This concluding chapter brings together the themes explored in the earlier chapters such as extraterritorial application, human rights, state jurisdiction, universality, and effectiveness.


Territorial Scope of Application of Treaty-Based Economic, Social, and Cultural Rights

Gilles Giacca

in Economic, Social, and Cultural Rights in Armed Conflict

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198717447
eISBN:
9780191787010
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717447.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the legal challenges pertaining to the territorial application of human rights treaties. It discusses the notion of state jurisdiction under human rights treaties and critically ... More


A Human Rights Approach to Extraterritorial Environmental Protection?: An Assessment

Jorge E. Viñuales

in The Frontiers of Human Rights

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198769279
eISBN:
9780191822292
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198769279.003.0006
Subject:
Law, Human Rights and Immigration

This chapter explores the implications of the extraterritorial scope of human rights obligations for the power or duty of states to prevent harm to the environment of other states or areas beyond ... More


The Extraterritorial Application of International Human Rights Law

Ian Park

in The Right to Life in Armed Conflict

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198821380
eISBN:
9780191860737
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198821380.003.0004
Subject:
Law, Public International Law

Until recently, the UK conducted its litigation strategy on the basis that the European Convention on Human Rights had no, or very little, extraterritorial effect. As such, the UK contended that the ... More


Economic, Social, and Cultural Rights in Armed Conflict

Gilles Giacca

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198717447
eISBN:
9780191787010
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717447.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide ... More


Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law: From 403 to 405 (via 404)

Hannah Buxbaum and Ralf Michaels

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0013
Subject:
Law, Public International Law, Comparative Law

This chapter studies Section 405 of the Fourth Restatement of Foreign Relations Law. According to Section 405, “courts in the United States may interpret federal statutory provisions to include other ... More


Choice of Law

Michael Karayanni

in Conflicts in a Conflict: A Conflict of Laws Case Study on Israel and the Palestinian Territories

Published in print:
2014
Published Online:
May 2014
ISBN:
9780199873715
eISBN:
9780199366477
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199873715.003.0004
Subject:
Law, Private International Law

Considering the application of Israeli law or Palestinian Territories law in pending civil disputes, i.e. the choice of law question, is the subject of this chapter. In addition to the choice of law ... More


Economic, Social, and Cultural Rights and International Humanitarian Law

Gilles Giacca

in Economic, Social, and Cultural Rights in Armed Conflict

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198717447
eISBN:
9780191787010
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717447.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter examines the general articulation between ESC rights and IHL rules. Despite the rich vein of subject matter and the scholarly attention paid separately to both ESC rights and IHL, we are ... More


International Human Rights Law and Blockade

Phillip Drew

in The Law of Maritime Blockade: Past, Present, and Future

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198808435
eISBN:
9780191846151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808435.003.0009
Subject:
Law, Public International Law

The years since the beginning of the twenty-first century have seen a significant incursion of international human rights law into the domain that had previously been the within the exclusive purview ... More


International Law in U.S. Courts within the Limits of the Constitution

John C. Harrison

in The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780197533154
eISBN:
9780197534007
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197533154.003.0012
Subject:
Law, Public International Law, Comparative Law

This chapter explains that in order to facilitate the expert, impartial, and uniform ascertainment, development, and application of customary international law in U.S. courts, the Supreme Court of ... More


Protection of Civilians under International Human Rights Law

Andrew Clapham

in Protection of Civilians

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198729266
eISBN:
9780191796180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729266.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter considers the protection of civilians under international human rights law and notes that the role of international human rights in protecting civilians is complex. Unlike international ... More


General Conclusion

Gilles Giacca

in Economic, Social, and Cultural Rights in Armed Conflict

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198717447
eISBN:
9780191787010
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198717447.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

By avoiding the strict war/peace dichotomy, the overall book seeks to demonstrate how human rights law applies at all times. Despite theoretical and practical obstacles, ESC rights do apply in armed ... More


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