Human Rights

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Extraterritorial Application of Human Rights Treaties: An Overview

November 30, 2011

Marko Milanovic

I am very grateful for the opportunity to discuss my book on EJIL: Talk! and Opinio Juris, as am I grateful to the commentators on both blogs for taking the time to read and discuss it. In this introductory post I’ll try to outline the book’s main arguments and themes and my approach generally in analysing a very complex topic. The book is divided into five chapters. The first, 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 no general rules on extraterritorial application, and outlines the basic normative framework of the human rights treaties which are the object of the study, looking in particular at the various types of state jurisdiction clauses that one finds in these treaties, and their relationship with other relevant provisions, such as the colonial clauses. Whether a human rights treaty protects a particular individual in an extraterritorial context is legally a matter of treaty interpretation,…

Book Discussion: Marko Milanovic’s Extraterritorial Application of Human Rights Treaties

November 30, 2011

Dapo Akande & Kevin Jon Heller

Opinio Juris and EJIL: Talk! are happy to announce that over the next few days we will be both be hosting a discussion of Marko Milanovic’s recently published book: Extraterritorial Application of Human Rights Treaties: Law, Principles and Policy (Oxford Univ Press). Marko’s book examines the question when a State owes human rights obligations under a treaty…

The Hague Court of Appeal on Dutchbat at Srebrenica Part 2: Attribution, Effective Control, and the Power to Prevent

November 10, 2011

Tom Dannenbaum

Tom Dannenbaum is a Graduate Associate in the Law and Public Affairs Program at the Woodrow Wilson School of Public and International Affairs at Princeton University. He is author of Translating the Standard of Effective Control into a System of Effective Accountability: How Liability Should be Apportioned for Violations of Human Rights by Member State Troop…

The Hague Court of Appeal on Dutchbat at Srebrenica Part 1: A Narrow Finding on the Responsibilities of Peacekeepers

October 25, 2011

Tom Dannenbaum

Tom Dannenbaum is a Graduate Associate in the Law and Public Affairs Program at the Woodrow Wilson School of Public and International Affairs at Princeton University. He is author of Translating the Standard of Effective Control into a System of Effective Accountability: How Liability Should be Apportioned for Violations of Human Rights by Member State Troop…

International Law and the Prosecution of Medics in Bahrain

October 13, 2011

Sarah Fulton

Sarah Fulton is International Legal Officer at REDRESS. The trial and sentencing of 20 medical professionals in Bahrain in the past two weeks has again turned the spotlight on the small Gulf Kingdom’s unfinished ‘Arab Spring’ and the repressive methods used to contain it. The sentencing of doctors, nurses and paramedics who treated injured protesters to imprisonment of five to…

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