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Human Rights Imperialists: The Extraterritorial Application of the European Convention on Human Rights

Human Rights Imperialists: The Extraterritorial Application of the European Convention on Human Rights

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509914739
  • 出版时间 April 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,057.50
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  • 描述 
  • 大纲 
  • 详细

    Conflict has always presented an opportunity for reflection and transition in the law and none more so than the Iraq War. One of its key legacies, which continues to have an impact on international law, was the extraterritorial application of the United Kingdom's human rights obligations. While the conflict did not establish or create the notion of extraterritorial obligations, this book argues that it brought about a dramatic extension in the understanding and scope of those obligations. It analyses the profound consequences these obligations can have beyond the battlefield and considers how the extension and clarification of human rights laws have both potential and practical implications for other arms of the British State. Particular focus is given to policing, diplomatic and consular offices and to the potential for the State to regulate British businesses abroad.

    The aims of the book are two-fold. Firstly, to demonstrate how the Iraq War fundamentally altered the extraterritorial application of the United Kingdom's human rights obligations. Secondly, it traces the post-conflict development and projects the future impact which extending human rights obligations abroad may have, by evaluating post-Iraq case law and the judicial and political responses to such cases.

  • Introduction
    I. The Extraterritorial Question
    II. The Strasbourg Approach
    III. The Claims of the Book
    IV. The Structure of the Book
    1. Creating Human Rights 'Jurisdiction'
    I. Introduction
    II. The Drafting of Article 1
    III. The Problem with 'Jurisdiction'
    IV. Creating Human Rights Jurisdiction
    V. Conclusion
    2. Interpreting the European Convention on Human Rights
    I. Introduction
    II. The Convention's Interpretive Parties
    III. The 'Correct' Process of Interpretation
    IV. Interpretive Communities
    V. Article 1's Interpretive Communities
    VI. Conclusion
    3. Incremental Normalisation: The Strasbourg Approach 1953–2001
    I. Introduction
    II. The Point of Departure
    III. Judicial Minimalism
    IV. Enhanced Justification
    V. Consideration of Context
    VI. Conclusion
    4. Deconstruction and Reconstruction: The European Court of Human Rights 2001–10
    I. Introduction
    II. Judicial Deconstruction: Bankovic v Belgium and Others
    III. Judicial Reconstruction
    IV. An Unsettled Community
    5. The Contracting Parties: Competing for Meaning
    I. Introduction
    II. Applying the ECHR to Iraq
    III. Three Categories of State Arguments
    IV. State Acceptance of the Convention's Extraterritorial Application
    V. Conclusion
    6. National Courts: The Systemisation of 'Jurisdiction'
    I. Introduction
    II. The Five Bases of Jurisdiction
    III. Conclusion
    7. The European Court of Human Rights: Strategic (Re-)alignment
    I. Introduction
    II. Personal Jurisdiction: 'State Agent Authority and Control'
    III. Spatial Jurisdiction
    IV. Applying the Convention Abroad
    V. Conclusion: Temporary Stability
    8. A Return to the Drawing Board
    I. Introduction
    II. Guiding Principles
    III. Conservative Options
    IV. Progressive Options
    V. A Proposal
    VI. The Communities
    VII. Conclusion
    Conclusion: Human Rights Imperialists

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