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International Human Rights Law Beyond State Territorial Control

International Human Rights Law Beyond State Territorial Control

Hardcover

Series: Cambridge Studies in International and Comparative Law

General Law

ISBN10: 1108840620
ISBN13: 9781108840620
Publisher: Cambridge University Press
Published: Jun 17 2021
Pages: 388
Weight: 1.51
Height: 0.88 Width: 6.00 Depth: 9.00
Language: English
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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General Law