The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume.
Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption.
The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration.
The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Table of Contents
Wouter Vandenhole, Gamze Erdem Türkelli, Mark Gibney and Markus Krajewski
PART I: Conceptualization and theoretical foundations
1 The historical development of extraterritorial obligations
2 Global human rights obligations
3 Extraterritorial human rights obligations and responsibility under international law
Gamze Erdem Türkelli
4 Justifying extraterritorial human rights obligations: An ethical perspective
5 Nowhere countries: When states use extra-territoriality at home to circumvent legal, human and refugee rights
6 Digitalization: The new extraterritorial challenge to extraterritorial obligations
Nicoletta Dentico, Mohammed El Said and Giacomo Capuzzo
PART II: Enforcement
7 Extraterritorial obligations in the United Nations system: UN treaty bodies
8 Extraterritorial obligations in the inter-American human rights system
Clara Burbano-Herrera and Yves Haeck
9 Extraterritorial obligations in the European human rights system
Yves Haeck, Clara Burbano Herrera and Hannah Ghulam Farag
10 Enforcement of extraterritorial human rights obligations in the African human rights system
Anne Oloo and Wouter Vandenhole
PART III: Migration and refugee protection
11 Extraterritorial human rights obligations in regard to refugees and migrants
12 The establishment of ETOs in the context of externalised migration control
Kristof Gombeer and Stefaan Smis
13 Climate change displacement and socio-economic rights of the child under the African human rights system: The relevance of ETOs
Ademola Oluborode Jegede
14 Diplomatic asylum and extraterritorial non-refoulement: The foundational and enduring contribution of Latin America to extraterritorial human rights obligations
PART IV: Financial assistance and sanctions
15 Human rights-based approaches to development assistance and policies
16 Financialization of development cooperation: ETO responses
Roman Herre and Stephan Backes
17 Extraterritorial human rights obligations and sovereign debt
Emma Luce Scali
18 Extraterritorial human rights obligations in the context of economic sanctions
PART V: Finance, investment and trade
19 Extraterritorial human rights obligations and international financial institutions
Stéphanie de Moerloose, Gamze Erdem Türkelli and Joshua Curtis
20 Home-state regulation of corporations
21 International tax transparency and Least Developed Countries
22 Corruption, human rights and extraterritorial obligations
23 Obligations of international assistance and cooperation in the context of investment law
Tara Van Ho
24 Access to medicines and the TRIPS agreement: Recognising extraterritorial human rights obligations
PART VI: Peace and security
25 Extraordinary rendition: A classic example of the USA avoiding ETOs as seen from Europe
26 Surveillance and cyber operations
27 Arms trade and weapons export control
28 Extraterritorial military action
29 Cybersecurity and extraterritorial obligations of states
Matthias C. Kettemann and Anna Sophia Tiedeke
PART VII: Environment
30 Climate justice and the ETOs
Sara L. Seck
31 Cross-border pollution
32 ETOs and biodiversity: A right to food perspective on the intersection of human rights and environmental law
Philip Seufert and Sofía Monsalve Suárez
PART VIII: Conclusion
33 Conclusions: The future of extraterritorial human rights obligations
Gamze Erdem Türkelli, Mark Gibney, Wouter Vandenhole and Markus Krajewski
Mark Gibney is the Belk Distinguished Professor at the University of North Carolina-Asheville, USA, and an Affiliated Scholar at the Raoul Wallenberg Institute in Lund, Sweden.
Gamze Erdem Türkelli is at the University of Antwerp, Law and Development Research Group, Belgium.
Markus Krajewski is Professor at the University of Erlangen-Nürnberg, and Director of the Centre for Human Rights Erlangen-Nürnberg (CHREN), Germany.
Wouter Vandenhole holds the Human Rights Chair at the Law Faculty of the University of Antwerp, Law and Development Research Group, Belgium.
"The editors have been working on extraterritorial human rights obligations for years and have brought their collective experience to bear on this welcome volume. Up to the moment, wide-ranging and with specialist coverage, this is an extremely valuable compendium that assesses international law beyond borders as if people matter."
Margot Salomon, London School of Economics, UK
"While the general area of extraterritoriality is relatively new, and at times described as ‘metaphysics of human rights law’, this volume takes the discourse to new heights in covering novel areas such as digitalisation, cyber operations, arms control, climate change and refugee rights in the context of extraterritorial human rights obligations. Written by some of the pioneers of the field of extraterritoriality, the book is a great addition to the emerging literature on the topic. What is equally impressive about this book is its coverage of global as well as regional human rights systems, both in theory and practice."
Takele Soboka Bulto, Legal Adviser, Peace and Security Department, African Union
"This rich and comprehensive collection of different aspects of the extraterritorial application of human rights treaties is a welcome addition to the academic discourse. Through its variety of subjects and perspectives, the book will help in understanding the complexities of the topic and move the thinking about the development of the law further."
Fons Coomans, Maastricht University, The Netherlands