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International human rights law beyond state territorial control / Antal Berkes, Brunel University London.

By: Material type: TextSeries: Cambridge studies in international and comparative law ; 156.Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021Description: 1 online resource (xxi, 357 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781108886543 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 341.6/7 23
LOC classification:
  • KZ6471 .B469 2021
Online resources:
Contents:
Introduction -- The legal effect of effective control over territory -- The human rights obligations of states -- The human rights obligations of non-state actors -- The responsibility of non-state actors -- Judicial control mechanisms -- Non-judicial control mechanisms -- General conclusion.
Summary: 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.
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eBooks Central Library Law Available EB0603

Title from publisher's bibliographic system (viewed on 18 Jun 2021).

Introduction -- The legal effect of effective control over territory -- The human rights obligations of states -- The human rights obligations of non-state actors -- The responsibility of non-state actors -- Judicial control mechanisms -- Non-judicial control mechanisms -- General conclusion.

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.

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