Accountability In Extraterritoriality
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| Author | : Danielle Ireland-Piper |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Comparative law |
| ISBN | : 9781786431776 |
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the 'abuse of rights' doctrine. Utilizing a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.
| Author | : Danielle Ireland-Piper |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 205 |
| Release | : 2017-02-24 |
| Genre | : Law |
| ISBN | : 1786431785 |
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
| Author | : Fons Coomans |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Exterritoriality |
| ISBN | : 9789400000469 |
From the Foreword by Prof. Olivier De Schutter, United Nations Special Rapporteur on the Right to Food: "This volume is the result of over ten years of research conducted jointly by non-governmental organisations and universities. It presents a range of cases in which the actions or omissions of States have impact on the enjoyment of human rights outside their national territory, raising the question of whether, and under which conditions, such conduct may engage the international responsibility of the States concerned. When the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were adopted on 28 September 2011, it is these cases, among others, that the experts who developed these principles had in mind. As such, the series of case studies presented by Fons Coomans and Rolf KÃ?1⁄4nnemann is at the cutting edge both of human rights activism and of human rights doctrine. This volume provides clear evidence both that the Maastricht Principles are useful and important, and that if we accept to build on the extraterritorial obligations of States, the accountability gap that economic globalization has created can be closed." *** This book is essential reading for academics, students, non-governmental organizations, and other practitioners. The human rights community should start making the analysis of extraterritorial obligations a standard part of its casework. The cases in this book show why this is necessary and how this can be done. (Series: Maastricht Series in Human Rights)
| Author | : Leander Beinlich |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
Military action brings human rights law and the existing accountability mechanisms to their limits, all the more so when taking place abroad. The chapter identifies and outlines the most pertinent legal, practical and institutional hurdles that impair or altogether block accountability for human rights violations in this context. Using examples such as the Russian aggression against Ukraine and the ongoing conflict in Yemen, the chapter focuses on international legal accountability mechanisms. This chiefly means the various international human rights mechanisms and courts, but also includes other avenues such as the International Court of Justice and international criminal courts. The chapter concludes that the various hurdles and limitations should neither blur the important role that these institutions can play, nor discourage efforts to strengthen accountability mechanisms. Crucially, such efforts need to address the inequalities and double standards that plague the history - and present - of accountability in the context of extraterritorial military action.
| Author | : Malcolm Langford |
| Publisher | : Cambridge University Press |
| Total Pages | : 497 |
| Release | : 2013 |
| Genre | : Law |
| ISBN | : 1107012775 |
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
| Author | : Cedric Ryngaert |
| Publisher | : |
| Total Pages | : 273 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
| Author | : Fons Coomans |
| Publisher | : Intersentia nv |
| Total Pages | : 295 |
| Release | : 2004 |
| Genre | : Exterritoriality |
| ISBN | : 9050953948 |
"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.
| Author | : Jeffrey Davis |
| Publisher | : Cambridge University Press |
| Total Pages | : 257 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 0521514363 |
This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.
| Author | : Mark Gibney |
| Publisher | : Routledge |
| Total Pages | : 500 |
| Release | : 2021-12-24 |
| Genre | : Political Science |
| ISBN | : 1000466132 |
The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
| Author | : Beaucillon, Charlotte |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 512 |
| Release | : 2021-08-27 |
| Genre | : Law |
| ISBN | : 1839107855 |
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
