This chapter considers three important questions of principle raised by Article 1: the relationship between the European Convention and internal law; the beneficiaries of the Convention; and restrictive character of the list of rights guaranteed. Article 2 supplies another illustration of the difference between enumeration and definition. Because Article 2 includes a positive obligation, the right to life will be violated if someone is killed and there is no investigation to find the person responsible, or if the authorities themselves use force and create unreasonable risks for innocent bystanders. Article 3 states: 'No one shall be subjected to torture or to inhuman or degrading treatment or punishment.' Article 4 provides: no one shall be held in slavery or servitude and no one shall be required to perform forced or compulsory labour.

This chapter focuses on the United Nations. It covers the foundation and development of the UN, the objectives and principles of the UN, the UN organs, the relations between the different UN bodies, the powers and functions of the UN agencies, the voting procedures of the UN, the immunities and privileges of the UN, the responsibility of the UN, and the relationship between the UN and the development of international law.

This chapter provides a basic introduction to jurisdiction. To do so, it provides a definition of jurisdiction before it moves on to cover territorial jurisdiction, functional jurisdiction, areas outside national jurisdiction, demarcation of boundaries, personal jurisdiction, principles of criminal jurisdiction, national jurisdiction, extradition, and domestic nationality law.

If human rights treaties are concerned with the protection of privacy, this chapter argues that extraterritorial espionage usually escapes such regulation. In fact, the current understanding of jurisdiction remains physical, and it is only where physical access to the infrastructure is secured that State jurisdiction is relevant. It means that the right to privacy must only be secured where data is intercepted by national authorities as it crosses the border, or where a State requests another actor based on its territory – like an internet or cloud-service provider – to deliver pieces of data, even if information is stored abroad. This is due to the fact that this actor is indeed based on the territory of a Member State, and subject to its jurisdiction. However, this is not the case where data is directly and remotely accessed by intelligence services. Then, and even where the right to privacy applies, it does not set burdensome requirements. If human rights bodies are quite strict regarding the application of the legality principle, most cyber-espionage activities may actually find a lawful justification (whether in terms of national security, preservation of economic well-being or the prevention and repression of crimes). If the requirement of proportionality would typically require Member States to favour the least intrusive solution, it does not outlaw bulk interceptions per se.

The methods used in the book – including the approaches to treaty interpretation and the approach to sources (customary international law and general principles of law) – are explained here. Then, the concept which constitutes the bedrock of this book (i.e. ‘normative avoidance’) is explained, as well as its characteristics and consequences (i.e. the absence of prohibition or authorisation, as a result of State will).

This chapter focuses on international organisations. It covers the development of international organisations, the classification of international organisations, the membership of international organisations, the structure of international organisations, the powers of international organisations, the decision-making procedures of international organisations, the rules of procedure of international organisations, the budgetary affairs of international organisations, the immunities and privileges of international organisations, and the responsibility of international organisations.

This chapter addresses the enforcement of international law. It covers the characteristics of the enforcement of international law, retorsion, reprisals, and collective measures.