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Vol 22 No 7 July/August 2017

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Extraterritoriality and International Human Rights Law: The Spatial Reach of African Human Rights Treaties

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ISBN13: 9780415823708
Published: December 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00



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The overall structure of international human rights law has generally been understood as a regime that is designed in such a way as to protect individuals and groups against abusive domestic state power. The initial stages of the development of international human rights law focused on limiting the harms that the state can do to individuals and peoples in its own territory emphasising ways of enhancing domestic application of international human rights. However, this domestic-oriented approach to a state's human rights obligations has increasingly proved in recent years to be inadequate for the effective protection and realisation of individuals' and groups' rights and freedoms. Violations of human rights at the domestic level have come to be increasingly committed by extra-territorial actors, which could be state or non-state entities. Territorially-bound responsibilities of states thus leave a 'legal black hole' in the protective regime of international human rights law where the absence or obscurity of a duty bearer and the resulting lack of redress would lead to a situation where the universal nature of rights becomes empty promises for many of the supposed beneficiaries.

This book examines the corpus and jurisprudence of the regional African human rights treaties in the light of international treaty and case laws. It explores the textual bases of African human rights instruments in order to gauge the possibility of the treaties' extraterritorial scope where human rights are breached by both State and non-State actors. The question of whether the scope of application of regional treaties is circumscribed by relevant state's territory or jurisdiction and the victim's nationality or residence is considered, in reference to human and peoples' rights, states' duties and remedies. The case law of the African Commission, the African Committee of Experts on the Rights and Welfare of the Child and the African Court on Human and People's Rights is analysed as well as sub regional tribunals such as the SADC and the ECOWAC tribunals. The book also looks at the implications of the 'jurisdiction' clause inserted in the relatively new African treaty the Protocol establishing the African Court on Human Rights and Justice. The jurisprudence of the UN and regional human rights bodies is referred to in order to appraise the possibility of drawing analogies and use the experiences of those 'foreign' human rights systems in a way and to the extent the African region can borrow from them.

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Subjects:
Human Rights and Civil Liberties, Other Jurisdictions , Africa
Contents:
1. The Approach of a 'Foreign' Right-Holder
2. The Conceptual (In)congruence of Human Rights and States' Duties
3. Extraterritoriality in African Instruments
4. Extraterritoriality through Regional Jurisprudence
5. Extraterritoriality and the Role of the Cross-Reference Provisions
6. Extraterritoriality and Indivisible Justiciability
7. Problems of 'Jurisdiction' Clause in African Court Protocol
8. Extraterritoriality: The Dichotomy of Private-Public Duties
9. Conclusion

Series: Routledge Research in Human Rights Law

The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
Published December 2017
Routledge
£90.00
Capturing Caste in Law: The Legal Regulation of Caste Discrimination ISBN 9781138807761
To be published December 2017
Routledge
£90.00
Freedom from Religion and Human Rights Law ISBN 9781138632967
To be published November 2017
Routledge
£105.00
Human Rights in the Media: Representation, Rhetoric, Reality ISBN 9781138645813
To be published November 2017
Routledge
£85.00
Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published October 2017
Routledge
£105.00
The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
Routledge
£115.00
£110.00
£29.16 + £5.83 VAT
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Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
Routledge
£37.99
Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£110.00
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
Routledge
£33.32 + £6.66 VAT
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£33.32 + £6.66 VAT
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£37.99
Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
Routledge
£110.00
£33.32 + £6.66 VAT
(ePub)
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Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£32.99
£110.00
£110.00
£33.32 + £6.66 VAT
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Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
Routledge
£33.32 + £6.66 VAT
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Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£110.00
China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
£33.32 + £6.66 VAT
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China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
Routledge
£110.00
£110.00
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£28.99
£33.32 + £6.66 VAT
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Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
Routledge
£33.32 + £6.66 VAT
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Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
Routledge
£110.00
Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
Routledge
£110.00
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
Routledge
£33.32 + £6.66 VAT
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Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
Routledge
£33.32 + £6.66 VAT
(ePub)
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Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
Routledge
£115.00
£33.32 + £6.66 VAT
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
Routledge
£37.99
£110.00
£33.32 + £6.66 VAT
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The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
Routledge
£110.00
The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
Routledge
£33.32 + £6.66 VAT
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£33.32 + £6.66 VAT
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
Routledge
£110.00
£33.32 + £6.66 VAT
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£33.32 + £6.66 VAT
(ePub)
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Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
Routledge
£110.00
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
Published July 2011
Routledge
£33.32 + £6.66 VAT
(ePub)
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£33.32 + £6.66 VAT
(ePub)
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£33.32 + £6.66 VAT
(ePub)
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