Human Rights Unbound : A Theory of Extraterritoriality A Theory of Extraterritoriality

Abstract

This book develops a theory of extraterritorial human rights obligations in international law. It links debates on human rights theory with those relating to extraterritoriality and merges accounts of economic social and cultural rights with those of civil and political rights. It advances four main arguments aimed at changing the way we think about extraterritoriality of human rights. First, it is argued that the 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, it is argued that these same values justify the allocation of human rights obligations towards specific individuals to public institutions—including states—that hold political power over said individuals. And fourth, the book argues that title to territory is best captured by the value of stability, as opposed to integrity and equality. If these arguments are successful, their consequence is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on the present account, this threshold is not just a conceptual necessity but a normative one as well. It is needed because it not only describes, but also justifies the allocation of obligations.