Awarded with the Max van der Stoel Human Rights Award 2010 and
the Manfred Lachs Prize 2011
In the globalizing world of today, the conduct of states often affects the human rights of persons situated outside of those states’ territories. The problem of applying human rights to such state conduct has become increasingly topical as a result of phenomena such as the ‘war on terror’, foreign military interventions and economic globalization. The controversies as regards the applicability of human rights treaty law in such cases stem mainly from the wording of the relevant treaty provisions. The principal treaties on civil and political rights require states to guarantee certain human rights to persons ‘within their jurisdiction’, while treaties on economic, social and cultural rights specifically envisage international cooperation of states parties for the purposes of achieving these rights. The meaning of ‘jurisdiction’ and the precise nature and content of the obligation of international cooperation are subject to debate.
This study explores the question of extraterritorial application of principal universal and regional human rights treaties. It covers treaties on civil and political rights as well as those on economic, social and cultural rights. The study seeks to determine to what extent and under which circumstances human rights treaties are applicable to state conduct which affects the human rights of persons situated outside the borders of the state party in question. The problem is analyzed by reference to the rules of treaty interpretation and in the conceptual framework of public international law. It contains thorough analysis of preparatory works of the relevant treaties, the case law of the International Court of Justice and of human rights courts on the subject, as well as other output of human rights treaty bodies. State practice, including the case law of national courts, is also explored. The study argues for a flexible approach to extraterritorial application of human rights treaties, which would make it possible for the human right systems to respond to the challenges posed by the ever more notorious extraterritorial state conduct.
From the jury report of the Max van der Stoel Human Rights Award:
“The jury found this book a very well-written, well-documented, and solid work on a very relevant subject that will only increase in significance in the years to come. The book is innovative in its ambitious approach to the subject. The research questions, although there are many, are very clearly spelled out and clearly answered. Moreover, Gondek’s book constitutes a nice mix of careful legal analysis with logical reasoning and legal philosophy. In short, this is a ‘must read’ on the topic.”
CHAPTER I. INTRODUCTION (p. 1)
CHAPTER II. THE CONCEPTUAL FRAMEWORK (p. 11)
CHAPTER III. DRAFTING HISTORIES: THE BACKGROUND OF THE REFERENCES TO JURISDICTION AND TERRITORY (p. 75)
CHAPTER IV. INTERNATIONAL CASE LAW ON EXTRATERRITORIAL APPLICATION OF HUMAN RIGHTS TREATIES (p. 121)
CHAPTER V. OTHER OUTPUT OF HUMAN RIGHTS SUPERVISORY BODIES (p. 229)
CHAPTER VI. EXTRATERRITORIAL APPLICATION OF HUMAN RIGHTS TREATIES IN STATE PRACTICE (p. 263)
CHAPTER VII. EXTRATERRITORIAL APPLICATION OF TREATIES ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS (p. 291)
CHAPTER VIII. GENERAL CONCLUSIONS (p. 367)
The School of Human Rights Research Series traces the history and the development of the human rights movement. Through its distinctive interdisciplinary approach, the series provides a powerful insight into recent developments in the field of human rights - their promotion, implementation and monitoring. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
The world famous School of Human Rights Research is a joint effort by human rights researchers in the Netherlands. Its central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application.
Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).
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