Extraterritorial obligations and the obligation to protect

Since the late 1970s, what we today label ‘globalisation’ has altered many aspects of international law, not least international human rights law. This has been reflected inter alia in increased calls for universal respect for human rights beyond a state’s territorial border. The challenges to territoriality in this regard does not only relate to the actions of states abroad, but also with respect to their regulation of the conduct of business enterprises over which they exert significant influence. The chapter analyses the European Court of Human Rights’ jurisprudence and practice of the UN human rights bodies, and argues that extraterritorial human rights obligations have become an integral part of international human rights law. It is held that what has been seen as ‘exceptional’ now represent ‘common practice’. This conclusion is then applied to the discussion of the new treaty on human rights as currently being drafted

Understanding human rights obligations of states engaged in public activity overseas:the case of transnational education

Legal consideration of extraterritorial obligations contained in the European Convention of Human Rights have largely developed in respect of military occupation or the custodial control of individuals. For a number of reasons situations involving transnational cooperation have received little judicial scrutiny. This paper examines human rights concerns associated with the rapidly expanding field of transnational education an activity frequently reliant on interstate cooperation. By re-examining the jurisprudence of the European Court of Human Rights the legal obligations of countries establishing engaged in public activity overseas are explored. The analysis is structured around a case study on the oversight of a European education facility affected by Bahrain’s controversial response to pro-reform protests