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  3. International Human Rights Law Beyond State Territorial Control
  • Cited by 10
Publisher:
Cambridge University Press
Online publication date:
June 2021
Print publication year:
2021
Online ISBN:
9781108886543
DOI:
https://doi.org/10.1017/9781108886543
Subjects:
Public International Law, Law, Human Rights, International Relations and International Organisations
Series:
Cambridge Studies in International and Comparative Law
Information

Book description

Can international human rights law be applied and enforced in a part of a State's territory outside its effective control? This study provides a step by step analysis to show how it can. International human rights law can normalise an imperfect, defective situation through pragmatic interpretation; it imposes obligations both on the territorial State on account of its sovereign title and residual effectiveness on the one hand, and on any subject of international law exercising territorial control over the area on account of its effective control on the other. By considering effectiveness beyond formal normative sources and titles of the subjects implicated in the territorial situation, international human rights law is interpreted and applied in a manner which renders human rights practical and effective. The book provides a comprehensive analysis of State practice regarding various subjects implicated in the territorial situation, applicable legal sources and major geographic areas.

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