The Frontiers of Human Rights
Nehal Bhuta
Abstract
In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the terri ... More
In an epoch of transnational armed conflict, global environmental harm, and rising inequality, the extraterritorial application of human rights law has become a pressing and controversial legal issue. The faultlines of the Westphalian order are the meridians along which the extraterritorial application of human rights run, as human rights are invoked to address a panoply of global-scale problems, from transborder environmental harm, to social and economic development and global inequality, to the repression of piracy in ungoverned spaces, and military occupation and armed conflict in the territory of a third state. The chapters collected in this volume grapple with the promise and the dilemmas of the extraterritorial application of human rights law, and the legal, theoretical and practical questions raised by extending states’ human rights obligations beyond their national territories. Topics addressed include the theoretical bases for the extraterritorial application of human rights, human rights and the law of occupation, derogation from human rights treaties when applied extraterritorially, the extraterritorial application of economic and social rights, human rights as a means of extraterritorial environmental protection, and the application of human rights in piracy suppression operations.
Keywords:
human rights,
extraterritoriality,
occupation,
environmental harm,
derogation,
piracy
Bibliographic Information
| Print publication date: 2016 |
Print ISBN-13: 9780198769279 |
| Published to Oxford Scholarship Online: April 2016 |
DOI:10.1093/acprof:oso/9780198769279.001.0001 |
