Human Rights

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Vaughan Lowe on Marko Milanovic’s Book

Vaughan Lowe is Chichele Professor of International Law at the University of Oxford and Fellow of All Souls College, Oxford In his perceptive and incisive analysis, Dr Milanovic argues that the concept of jurisdiction in the European Convention on Human Rights is not the same as the concept of jurisdiction in general international law. Specifically, he argues that the State obligation to respect human rights is not limited territorially but that the obligation to secure or ensure human rights is limited to those areas that are under a State’s effective overall control. The analysis is convincing, and the approach gives a robust and powerful tool for determining the scope of human rights obligations.  Applauding that achievement, I wonder if there is not also room for an equally fundamental challenge, arguing that the concept of ‘rights’ in human rights conventions is not the same as the concept of ‘rights’ in general international law. In an article in the 2006 British Yearbook of International Law, Lea Brilmayer argued that human rights…

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Bad Cases Make Bad Law, But Good Law Books!

Dr. Marko Milanovic’s book on the Extraterritorial Application of Human Rights Treaties (OUP, 2011), which grew out of his doctoral studies in Cambridge, offers an excellent analysis of the jurisprudence of international and national courts and committees on the extraterritoriality of state obligations in the field of human rights. It is by far the most comprehensive book that…

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Extraterritorial Application of Human Rights Treaties: An Overview

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…

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

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…

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

 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…

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