International Human Rights Law Beyond State Territorial Control
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.
This edited volume challenges the territorial bias of traditional human rights law, in which human rights obligations are in principle incumbent on the territorial state. The first part of this...
This book reviews the challenges and opportunities in the implementation of the WHO Framework Convention on Tobacco Control (FCTC) at the regional and national levels in Africa. It contains an...
For more than half a century, the world community has sought to codify a series of fundamental precepts intended to prevent such abuses of human rights as torture, discrimination, starvation, and...