1st Edition

The Routledge Handbook on Extraterritorial Human Rights Obligations



  • Available for pre-order. Item will ship after October 22, 2021
ISBN 9780367546489
October 22, 2021 Forthcoming by Routledge
496 Pages 3 B/W Illustrations

USD $250.00

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Book Description

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: theoretical foundations and challenges, enforcement, migration and refugee protection, financial assistance and section, finance, investment and trade, peace and security, and environment. Chapters summarise 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.

Table of Contents

Introduction

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

Part 1. 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 2. Enforcement

7. Extraterritorial Obligations in the United Nations System: U.N. 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 Obligations in the African Human Rights system

Anne Oloo and Wouter Vandenhole

Part 3. 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 contents of externalized migration control

Kristof Gombeer and Stefaan Smis

13. Climate change displacement and social 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 4. 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 5. 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: Recognizing Extraterritorial Human Rights Obligations

Jennifer Sellin

Part 6. 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 7. Environment

30. Climate Justice and 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 8. Conclusion

33. Conclusions: The Future of Extraterritorial Obligations

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

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Editor(s)

Biography

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 a Post-Doctoral Fellow of the Research Foundation, Flanders (FWO) (No: 12Q1719N) 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.

Reviews

"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