Human Rights Unbound: A Theory of Extraterritoriality

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Lea Raible (Lecturer in Public Law, Lecturer in Public Law, University of Glasgow)

Human Rights Unbound

A Theory of Extraterritoriality

Lea Raible (Lecturer in Public Law, Lecturer in Public Law, University of Glasgow)

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English

Oxford University Press
25 June 2020

Jurisdiction & immunities; International human rights law

This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rightsLea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.

By: Lea Raible (Lecturer in Public Law Lecturer in Public Law University of Glasgow)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 165mm, Spine: 25mm
Weight: 1g
ISBN: 9780198863373
ISBN 10: 0198863373
Pages: 256
Publication Date: 25 June 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Lea Raible is a Lecturer in Public Law at the University of Glasgow. She has previously held academic positions at Maastricht University, the University of Edinburgh, and University College London.