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The European Convention on Human Rights and General International Law$
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Anne van Aaken and Iulia Motoc

Print publication date: 2018

Print ISBN-13: 9780198830009

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198830009.001.0001

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Extraterritorial Application of the European Convention on Human Rights

Extraterritorial Application of the European Convention on Human Rights

Evolution of the Court’s Jurisprudence on the Notions of Extraterritorial Jurisdiction and State Responsibility

Chapter:
(p.112) 6 Extraterritorial Application of the European Convention on Human Rights
Source:
The European Convention on Human Rights and General International Law
Author(s):

Işıl Karakaş

Hasan Bakırcı

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198830009.003.0007

This chapter analyses the evolution of the Strasbourg case law on the concept of jurisdiction within the meaning of Article 1 of the European Convention on Human Rights by attempting to provide a comprehensive answer to the question of extraterritorial jurisdiction. It ascertains whether there exists any truth in the criticism directed towards the European Court of Human Rights’ case law and, most importantly, any room for its further development. The chapter will first examine the early jurisprudence of the Convention bodies and explain how they dealt with the difficult question of extraterritorial jurisdiction. It will then discuss the two tests developed by the Court when determining extraterritorial jurisdiction in various case scenarios. Finally, the concluding section of the chapter will summarize these discussions and pose a question for future development of the Court’s case law.

Keywords:   extraterritorial jurisdiction, authority and responsibility, effective control, police or military operations, separatist regions

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