Reconstructing the Effective Control Criterion in Extraterritorial Human Rights Breaches: Direct Attribution of Wrongfulness, Due Diligence, and Concurrent Responsibility

Tzevelekos, Vassilis ORCID: 0000-0002-5091-3786 (2014) Reconstructing the Effective Control Criterion in Extraterritorial Human Rights Breaches: Direct Attribution of Wrongfulness, Due Diligence, and Concurrent Responsibility. Michigan Journal of International Law, 36 (1). pp. 129-178.

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Abstract

As one of the core elements of statehood, territory is inextricably linked to sovereignty. For this reason, jurisdiction is primarily territorial. In principle, the sphere of power of the sovereign state—including its competence to exercise legislative, judicial, and executive authority—applies within the confines of its own territory. Otherwise, the state risks interfering with the sovereignty of other states and thereby breaking one of the fundamental principles of Public International Law (PIL), that of sovereign equality. The principle of sovereign equality dictates that all assertions of jurisdiction have to be balanced with the sovereign rights of other states. This is why “a State’s competence to exercise jurisdiction over its own nationals abroad is subordinate to that State’s and other States’ territorial competence.” By placing the emphasis on sovereignty, classic PIL treats the question of jurisdiction in a fairly straightforward manner.

Item Type:	Article
Additional Information:	Source info: Michigan Journal of International Law, Vol. 36, No. 1, 2015
Uncontrolled Keywords:	extraterritoriality, human rights, effective control, due diligence, positive obligations, state fault, shared responsibility, concurrent responsibility, effectiveness, jurisdiction, human rights protection
Depositing User:	Symplectic Admin
Date Deposited:	09 May 2016 09:54
Last Modified:	19 Jan 2023 07:37
Related URLs:	Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3001139