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Challenging Territoriality in Human Rights Law: Foundational Principles for a Multi Duty-Bearer Human Rights Regime

Challenging Territoriality in Human Rights Law: Foundational Principles for a Multi Duty-Bearer Human Rights Regime

Author: Wouter Vandenhole
Publisher: Routledge
ISBN: 9781138799455

Published In: June 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781138702714

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Description
Contents

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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.

Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this ‘territorial space’ have been viewed as either being non-existent or minimalistic at best. This territorial paradigm has achieved particular prominence in political philosophy, but also in the interpretation of international human rights treaties.

The first part of this volume examines the current state of the extraterritorial human rights obligations of international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations (and responsibility for violations). The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of extraterritorial states as well as of non-state actors. Each chapter examines novel and forward-looking perspectives in the field, and explores how the findings may apply across international human rights law in a multi duty-bearer setting.

This book will be of great interest to scholars and practitioners of international human rights law.

1. Introduction, Willem van Genugten, Wouter Vandenhole and Martin Scheinin

Part 1: Emerging frameworks for human rights obligations of new duty-bearers

2. Foreign states: Maastricht Principles, Ian Seiderman & Ashfaq Kalfan

3. International Financial Organizations, Willem van Genugten

4. Direct Human Rights Obligations of Companies, Jernej Letnar Černič

5. Transnational Law Enforcement and Migration Control, Jens Vedsted-Hansen

6. Litigating transnational human rights obligations, Mark Gibney

Part 2: Towards foundational principles for a multi duty-bearer human rights regime

7. The common interest in international law, Koen De Feyter & Wolfgang Benedek

8. Conceptual building blocks in legal philosophy & global ethics,George Pavlakos & A. Gosseliers

9. You say you want a revolution: Challenges of economic globalization for the human rights obligations regime,Margot E. Salomon

10. Foundational principles for attributing obligations and apportioning responsibility in a multi duty-bearer human rights regime,Wouter Vandenhole