Human rights imperialists : the extraterritorial application of the European Convention on Human Rights

Resource Information

The work Human rights imperialists : the extraterritorial application of the European Convention on Human Rights represents a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School. This resource is a combination of several types including: Work, Language Material, Books.

Label

Human rights imperialists : the extraterritorial application of the European Convention on Human Rights

Title remainder

the extraterritorial application of the European Convention on Human Rights

Statement of responsibility

Conall Mallory

Creator

• Mallory, Conall

Author

• Mallory, Conall

Subject

• Convention for the Protection of Human Rights and Fundamental Freedoms, (1950 November 5)
• Europe
• European Court of Human Rights
• European Court of Human Rights
• Europäische Menschenrechtskonvention
• Exterritoriality
• Anwendungsbereich
• Exterritorialität
• International and municipal law
• International and municipal law -- Europe
• International criminal law -- Europe
• Menschenrecht
• Exterritoriality
• Convention for the Protection of Human Rights and Fundamental Freedoms

Language

eng

Summary

"Few issues have posed more of a challenge for the European Court of Human Rights in recent years than the Convention's extraterritorial application. This book explores why this is by reflecting on how the issue has been approached by the primary interpreters of the treaty: the Strasbourg Court, Contracting Parties and National Courts. This is achieved through a detailed engagement with the previous jurisprudence on the Convention's extraterritorial application, and a particular focus on the activities of British authorities and judiciary during and after the Iraq War (2003). Litigation emerging from this conflict has been pivotal in constructing the current understanding of extraterritorial obligations, as well as drawing out some of its more challenging aspects. The book contends that by focusing on the interpretive behavior of the groups with the primary responsibility for interpreting the treaty, an understanding can be gained with regards to what motivates and constrains their argumentative practices. From this, a better understanding of both how the law has developed and where a solution to the extraterritorial challenge can be obtained. If, as some have argued, it is imperialistic to apply the Convention's obligations extraterritorially, the attention of this book lies with the 'human rights imperialists' who have construed those obligations to apply in this manner, as it is with them that any lasting solution to this particular challenge will be found"--

Assigning source

Provided by publisher

Cataloging source

DLC

Index

index present

Literary form

non fiction

Nature of contents

bibliography