Download This PaperExtraterritorial Application of Human Rights
Christina Binder, Manfred Nowak, Jane A Hofbauer and Philipp Janig (eds), Elgar Encyclopedia of Human Rights, vol II (Edward Elgar Publishing 2022) 180-191
15 Pages Posted: 17 Sep 2021 Last revised: 28 Apr 2023
Date Written: August 17, 2021
Abstract
The extraterritorial application of human rights refers to situations in which a state has human rights obligations vis-á-vis a person that is not within its state territory. Scholarship and practice have long accepted that human rights treaties might lead to such extraterritorial obligations. Nevertheless, their exact territorial reach is subject to significant debate and the practice of different human rights treaty bodies is not necessarily consistent. This entry examines the extent to which human rights are extraterritorially applicable. It first discusses how treaties themselves address the application ratione loci, before focusing on the notion of ‘jurisdiction’ and the pertinent case law of human rights treaty bodies. The entry will then very briefly touch upon the question of the applicability of human rights under non-treaty law before concluding.
Keywords: Human rights, extraterritorial application, treaties
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