The extraterritorial human rights obligations of states.

摘要

The International Covenant on Civil and Political Rights and European Convention on Human Rights impose obligations on states parties to respect and ensure the rights of persons subject to or within their "jurisdiction". Yet the meaning of "jurisdiction" in human rights law is contested, with the result that the extent of states parties extraterritorial obligations is unclear. This thesis, therefore, seeks to elucidate the extraterritorial reach of these treaties by proposing a theory of "jurisdiction". It argues that there are three distinct types of extraterritorial "jurisdiction" for the purposes of human rights law, each of which imposes a different level of obligations on the state party, in terms of the number of people to whom obligations are owed, the number of rights that are applicable, and the extent of negative and positive duties owed in respect of those rights.