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Extraterritorial Application of Human Rights TreatiesLaw, Principles, and Policy$
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Marko Milanovic

Print publication date: 2011

Print ISBN-13: 9780199696208

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199696208.001.0001

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Models of Extraterritorial Application

Models of Extraterritorial Application

(p.118) IV Models of Extraterritorial Application
Extraterritorial Application of Human Rights Treaties

Marko Milanovic

Oxford University Press

This chapter concludes the interpretative inquiry into the meaning of the jurisdiction clauses, and elaborates on the several possible models of extraterritorial application of human rights treaties. These include the spatial model of jurisdiction, which grounds the application of human rights treaties in state effective control over territory; the personal model of jurisdiction, based on various forms of state authority and control over individuals; and a mixed model which is based on the distinction between positive and negative obligations under the treaties.

Keywords:   state jurisdiction, spatial model, personal model, ships, aircraft, embassies, positive obligations, negative obligations

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