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Human rights imperialists : the extraterritorial application of the European Convention on Human Rights / Conall Mallory.

By: Material type: TextTextPublisher: [London, England], Hart Publishing, 2019Distributor: [London, England] : Bloomsbury Publishing, 2020Edition: First editionDescription: 1 online resource (256 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509914760
Subject(s): Genre/Form: Additional physical formats: Print version:: No titleDDC classification:
  • 341.4/8094 23
LOC classification:
  • KJC5138 .M355 2020eb
Online resources: Also published in print.Summary: "To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found."-- Provided by publisher.
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Based on author thesis (doctoral - Northumbria University, 2014) issued under title: Exporting rights : extraterritorial obligations in the European Convention on Human Rights after the Iraq conflict (2003).

Includes bibliographical references and index.

Abstract freely available; full-text restricted to individual document purchasers.

"To what extent do a state's obligations under the European Convention on Human Rights apply beyond its territorial borders? Are soldiers deployed on overseas operations bound by the human rights commitments of their home state? What about other agents, like the police or diplomatic and consular services? If a state's obligations do apply abroad, are they to be upheld in full or should they be tailored to the situation at hand? Few topics have posed more of a challenge for the European Court of Human Rights than this issue of the Convention's extraterritorial application. This book provides a novel understanding on why this is by looking at the behaviour of those principally tasked with interpreting the treaty: the Strasbourg Court, state parties, and national courts. It offers a theory for how these communities operate: what motivates, constrains and ultimately shapes their interpretive practices. Through a detailed analysis of the jurisprudence, with a particular focus on British authorities and judges during and after the Iraq War (2003), the book provides an explanation of how the interpretation of extraterritorial obligations has developed over time and how these obligations are currently understood. Some have argued that it is imperialistic to apply the Convention extraterritorially. If this is the case, the focus of this book is on those 'imperialists' who have interpreted European human rights law to extend beyond a state's borders, as it is with them that any lasting solution to the challenge will be found."-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

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