1st Edition

The Routledge Handbook on Extraterritorial Human Rights Obligations

    500 Pages 3 B/W Illustrations
    by Routledge

    500 Pages 3 B/W Illustrations
    by Routledge

    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


    Wouter Vandenhole, Gamze Erdem Türkelli, Mark Gibney and Markus Krajewski

    PART I: Conceptualization and theoretical foundations

    1 The historical development of extraterritorial obligations

    Mark Gibney

    2 Global human rights obligations

    Sigrun Skogly

    3 Extraterritorial human rights obligations and responsibility under international law

    Gamze Erdem Türkelli

    4 Justifying extraterritorial human rights obligations: An ethical perspective

    Angela Mueller

    5 Nowhere countries: When states use extra-territoriality at home to circumvent legal, human and refugee rights

    Pauline Maillet

    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

    Elena Pribytkova

    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

    Thomas Gammeltoft-Hansen

    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

    Ralph Wilde

    PART IV: Financial assistance and sanctions

    15 Human rights-based approaches to development assistance and policies

    Lilian Chenwi

    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

    Joseph Schechla

    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

    Daniel Augenstein

    21 International tax transparency and Least Developed Countries

    Rod Michelmore

    22 Corruption, human rights and extraterritorial obligations

    Khulekani Moyo

    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

    Jennifer Sellin

    PART VI: Peace and security

    25 Extraordinary rendition: A classic example of the USA avoiding ETOs as seen from Europe

    Elspeth Guild

    26 Surveillance and cyber operations

    Marko Milanovic

    27 Arms trade and weapons export control

    Marina Aksenova

    28 Extraterritorial military action

    Vito Todeschini

    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

    Antal Berkes

    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