From the Foreword by Prof. Olivier De Schutter, United Nations Special Rapporteur on the Right to Food: "This volume is the result of over ten years of research conducted jointly by non-governmental organisations and universities. It presents a range of cases in which the actions or omissions of States have impact on the enjoyment of human rights outside their national territory, raising the question of whether, and under which conditions, such conduct may engage the international responsibility of the States concerned. When the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were adopted on 28 September 2011, it is these cases, among others, that the experts who developed these principles had in mind. As such, the series of case studies presented by Fons Coomans and Rolf KÃ?1⁄4nnemann is at the cutting edge both of human rights activism and of human rights doctrine. This volume provides clear evidence both that the Maastricht Principles are useful and important, and that if we accept to build on the extraterritorial obligations of States, the accountability gap that economic globalization has created can be closed." *** This book is essential reading for academics, students, non-governmental organizations, and other practitioners. The human rights community should start making the analysis of extraterritorial obligations a standard part of its casework. The cases in this book show why this is necessary and how this can be done. (Series: Maastricht Series in Human Rights)

Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.

This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that 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, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.

"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.