Just another word? Jurisdiction in the roadmaps of state responsibility and human rights
Scheinin, Martin LU
(2009)
p.212-230
- Abstract
Introduction Freedom’s just another word for nothing left to lose… Kris Kristofferson Whereas thecurrent debate on holding States accountable for extraterritorial human rights violations tends to focus on ‘jurisdiction’ or related concepts (such as ‘effective control’), the analogous public international law discourse on State responsibility appears to take a different path, managing to cope without an intermediary stop between attributing certain allegedly unlawful conduct to a State and holding a State responsible for it. Much of the human rights discourse related to this topic focuses on the Banković decision by the European Court of Human Rights (ECtHR). I have argued elsewhere that the answer under human rights treaties should be... (More)
Introduction Freedom’s just another word for nothing left to lose… Kris Kristofferson Whereas thecurrent debate on holding States accountable for extraterritorial human rights violations tends to focus on ‘jurisdiction’ or related concepts (such as ‘effective control’), the analogous public international law discourse on State responsibility appears to take a different path, managing to cope without an intermediary stop between attributing certain allegedly unlawful conduct to a State and holding a State responsible for it. Much of the human rights discourse related to this topic focuses on the Banković decision by the European Court of Human Rights (ECtHR). I have argued elsewhere that the answer under human rights treaties should be that ‘facticity creates normativity’,3 that is, that the establishment of State jurisdiction over an individual results from the contextual assessment of the factual circumstances, rather than from a quest for the essence in a normative concept of ‘jurisdiction’. This view is closely related to the attempts by human rights courts and treaty bodies to address the issue of jurisdiction through the test of ‘effective control’.
(Less)
- author
- Scheinin, Martin
LU
- publishing date
- 2009-01-01
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- keywords
- Human rights, Mänskliga rättigheter
- host publication
- Global Justice, State Duties : The Extraterritorial Scope of Economic, Social and Cultural Rights in International Law - The Extraterritorial Scope of Economic, Social and Cultural Rights in International Law
- editor
- Langford, Malcom ; Vandenhole, Wouter ; Scheinin, Martin and Genutgen, Willem van
- pages
- 19 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:84924730797
- ISBN
- 9781107012776
- 9781139002974
- DOI
- 10.1017/CBO9781139002974.011
- language
- English
- LU publication?
- no
- id
- a71f6a8d-8c43-46aa-bca9-580aa94adba7
- date added to LUP
- 2025-05-21 10:18:19
- date last changed
- 2025-07-16 14:34:05
@inbook{a71f6a8d-8c43-46aa-bca9-580aa94adba7,
abstract = {{<p>Introduction Freedom’s just another word for nothing left to lose… Kris Kristofferson Whereas thecurrent debate on holding States accountable for extraterritorial human rights violations tends to focus on ‘jurisdiction’ or related concepts (such as ‘effective control’), the analogous public international law discourse on State responsibility appears to take a different path, managing to cope without an intermediary stop between attributing certain allegedly unlawful conduct to a State and holding a State responsible for it. Much of the human rights discourse related to this topic focuses on the Banković decision by the European Court of Human Rights (ECtHR). I have argued elsewhere that the answer under human rights treaties should be that ‘facticity creates normativity’,3 that is, that the establishment of State jurisdiction over an individual results from the contextual assessment of the factual circumstances, rather than from a quest for the essence in a normative concept of ‘jurisdiction’. This view is closely related to the attempts by human rights courts and treaty bodies to address the issue of jurisdiction through the test of ‘effective control’.</p>}},
author = {{Scheinin, Martin}},
booktitle = {{Global Justice, State Duties : The Extraterritorial Scope of Economic, Social and Cultural Rights in International Law}},
editor = {{Langford, Malcom and Vandenhole, Wouter and Scheinin, Martin and Genutgen, Willem van}},
isbn = {{9781107012776}},
keywords = {{Human rights; Mänskliga rättigheter}},
language = {{eng}},
month = {{01}},
pages = {{212--230}},
publisher = {{Cambridge University Press}},
title = {{Just another word? Jurisdiction in the roadmaps of state responsibility and human rights}},
url = {{http://dx.doi.org/10.1017/CBO9781139002974.011}},
doi = {{10.1017/CBO9781139002974.011}},
year = {{2009}},
}