About the book
The rise of globalization and the persistence of global poverty are straining the territorial paradigm of human rights. This book asks if states possess extraterritorial obligations under existing international human rights law to respect and ensure economic, social, and cultural rights and how far those duties extend. Taking a departure point in theory and practice, the book is the first of its kind to analyze the principal cross-cutting legal issues at stake: the legal status of obligations, jurisdiction, causation, division of responsibility, and remedies and accountability. The book focuses specifically on the role of states but also addresses their duties to regulate powerful nonstate actors. The authors demonstrate that many key issues have been resolved or clarified in international law while others remain controversial or await the development of further practice, particularly the scope of jurisdiction and the quantitative dimension of extraterritorial obligations to fulfill.
Contents
OVERVIEW
1. Introduction: An Emerging Field
Malcolm Langford, Wouter Vandenhole, Martin Scheinin and Willem van Genugten
2. On Terminology: Extraterritorial Obligations
Mark Gibney
I. LEGAL STATUS
3. Extraterritorial Duties in International Law
Malcolm Langford, Fons Coomans and Felipe Gómez Isa
4. International Financial Institutions, Transnational Corporations and Duties of States
Smita Narula
II. JURISDICTION
5. Extraterritorial Human Rights and the Concept of ‘Jurisdiction’
Maarten den Heijer and Rick Lawson
6. Jurisdiction: Towards a Reasonableness Test
Cedric Ryngaert
7. Just Another Word? Jurisdiction in the Roadmaps of State Responsibility and Human Rights
Martin Scheinin
III. CAUSATION
8. Causality and Extraterritorial Human Rights Obligations
Sigrun I. Skogly
9. Deprivation, Causation, and the Law of International Cooperation
Margot E. Salomon
IV. DIVISION OF RESPONSIBILITY
10. Division of Responsibility between States
Ashfaq Khalfan
11. Extraterritorial Human Rights Obligations and the North-South Divide
Wouter Vandenhole and Wolfgang Benedek
V. REMEDIES AND ACCOUNTABILITY
12. Remedies and Reparation
Dinah Shelton
13. Accountability Mechanisms
Ashfaq Khalfan
AFTERWORD
14. Moral Theory, International Law and Global Justice
Malcolm Langford and Mac Darrow
Notes on Contributors
Annex 1: International Covenant on Economic, Social and Cultural Rights
Annex 2: Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights