International Human Rights Law Beyond State Territorial Control

An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.

Antal Berkes (Author)

9781108840620, Cambridge University Press

Hardback, published 17 June 2021

376 pages
23.6 x 15.7 x 2.7 cm, 0.715 kg

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.

List of abbreviations
1. Introduction
2. The legal effect of effective control over territory
3. The human rights obligations of states
4. The human rights obligations of non-state actors
5. The responsibility of states
6. The responsibility of non-state actors
7. Judicial control mechanisms
8. Non-judicial control mechanisms
9. General conclusions
Index.

Subject Areas: International human rights law [LBBR], Public international law [LBB], Human rights [JPVH], International relations [JPS], Political science & theory [JPA]