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Chapter

Cover International Human Rights Law

6. Scope of Application  

Sarah Joseph and Barrie Sander

A state is not responsible for every act or omission which harms human rights, regardless of the perpetrator or the location. Therefore, it is necessary to examine the scope of application of a state’s obligations under international human rights law. That is, when do human rights duties apply? This chapter first defines key concepts and identifies the duty-bearers and beneficiaries of human rights law. Then it explains the instances in which a state will be held responsible for the actions or omissions of particular persons or entities. Finally, it addresses the territorial scope of a state’s human rights duties.

Chapter

Cover Jones & Sufrin's EU Competition Law

17. International Aspects  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter examines the issue of jurisdictional problems in competition law, the ‘internationalisation’ of competition law, and the efforts to deal with competition issues at a global level to match the global operations of undertakings on world markets. It looks first at the question of extraterritoriality in public international law, particularly the concept of objective territoriality. It considers the distinction between prescriptive jurisdiction and enforcement jurisdiction and how these might apply to competition law. It then looks at the development of the effects doctrine in US law and the concept of comity, and at the position of foreign plaintiffs in US courts. It considers how the EU takes jurisdiction by the application of the single economic entity doctrine, the implementation doctrine, and the qualified effects doctrine. The chapter concludes by examining international cooperation in competition law and how competition law must be sensitive to the huge global economic inequalities of the twenty-first century. It looks at the bilateral agreements into which the EU has entered, and the multilateral cooperation to which the EU is party, including cooperation within UNCTAD, the OECD, the WTO, and the International Competition Network (ICN).

Chapter

Cover Competition Law

12. The international dimension of competition law  

This chapter explores the international dimension of competition law. Along with the introduction of the theory of extraterritoriality, sections 2 to 6 are concerned with two questions. The first issue is whether an offended country could apply its competition rules extraterritorially against an undertaking or undertakings in another country behaving anti-competitively. The second issue is whether there should be laws or so-called ‘blocking statutes’ to prevent the ‘excessive’ assertion of extraterritorial jurisdiction. However, the international dimension of competition law has undoubtedly evolved beyond these somewhat parochial concerns: the final section describes the work of international organisations, such as the International Competition Network (‘the ICN’), which encourages cooperation between competition authorities, and more importantly fosters convergence between competition policies, procedures and substantive analysis.

Chapter

Cover International Law

12. Immunities Enjoyed by Officials of States and International Organizations  

Chanaka Wickremasinghe

This chapter examines the immunities enjoyed by various categories of officials of States and international organizations. It identifies jurisdictional immunity as one of the key legal techniques by which diplomatic relations and, more broadly, international relations and cooperation can be maintained. It recognises that recent developments in international law have increasingly required that immunities be scrutinised and justified, particularly where they impact on individual rights. Among the most striking of such challenges to immunities are those that have arisen in relation to measures which seek to bring an end to the impunity of persons who commit the most serious international crimes, including measures such as the development of extraterritorial jurisdiction and the establishment of international criminal tribunals. A range of judicial decisions is reviewed in order to determine how international law has attempted to reconcile such conflicting priorities in this respect.

Chapter

Cover Jones & Sufrin's EU Competition Law

16. International Aspects  

This chapter examines the issue of jurisdictional problems in competition law, at the ‘internationalisation’ of competition law and the efforts to deal with competition issues at a global level to match the global operations of undertakings on world markets.. It looks first at the question of extraterritoriality in public international law, particularly the concept of objective territoriality. It considers the distinction between prescriptive jurisdiction and enforcement jurisdiction and how these might apply to competition law. It then looks at the development of the effects doctrine in US law and the concept of comity, and at the position of foreign plaintiffs in US courts. It considers how the EU takes jurisdiction by the application of the single economic entity doctrine and by the development of the implementation doctrine and the qualified effects doctrine. The chapter concludes by examining how international cooperation seeks to help solve jurisdictional problems. It looks at the bilateral agreements into which the EU has entered, and the multilateral cooperation to which the EU is party, including cooperation within UNCTAD, the OECD, the WTO and the International Competition Network (ICN).

Chapter

Cover Essential Cases: Public Law

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

12. The Right to a Fair Trial in Civil and Criminal Cases  

This chapter examines the provisions of the European Convention on Human Rights (ECHR) on the right to a fair trial in criminal and civil cases, explaining that Article 6 of ECHR holds that the Strasbourg Court has no jurisdiction to reopen national legal proceedings or to substitute its own findings of fact for the conclusions of national courts. The chapter examines the interpretation by the Strasbourg Court of the protections provided by Article 6 in the extensive jurisprudence on this Article and discusses issues concerning the overall requirements of a fair hearing, right of access to court, and the extraterritorial effect of Article 6.

Chapter

Cover International Law Concentrate

6. Sovereignty and jurisdiction  

This chapter briefly looks at the nature of sovereignty and its parameters in international law, but essentially focuses on the function and nature of jurisdiction. It first examines the breadth of the space in which sovereignty is exercised; namely, land, sea, and air. Thereafter, it assesses territorial jurisdiction (in both its objective and subjective dimensions) and examines the practice of the four extraterritorial principles of jurisdiction; namely, nationality-based, the protective principle, passive personality, and universal jurisdiction. The chapter then considers instances where national courts refuse to exercise their ordinary jurisdiction, namely, instances where the accused is covered by the privilege of immunity or because his or her arrest was illegal. Finally, it looks at the US practice of extraterritorial jurisdiction, whereby sometimes the sovereignty of other nations has been breached.

Chapter

Cover Brownlie's Principles of Public International Law

21. Jurisdictional competence  

Jurisdiction refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. This chapter discusses prescriptive jurisdiction over crimes, civil prescriptive jurisdiction, the separateness of the grounds of jurisdiction, and enforcement jurisdiction.

Chapter

Cover International Human Rights Law

7. Rights and Obligations  

Katharine G Young

Human rights are grounds for obligations. This chapter reviews the methods by which international human rights treaties oblige states to promote and secure rights. Two prominent approaches to the determination of obligations are discussed. First, the tripartite typology that calls on states to respect, protect, and fulfil human rights is examined. Second, the chapter considers the distinction between absolute norms and those that may be subject to justifiable and proportionate limitation or derogation. Finally, the chapter discusses how globalization impacts our understanding of human rights obligations: from the importance of extraterritorial obligations to different models for monitoring and accountability which affect how obligations are understood and specified.

Chapter

Cover Brownlie's Principles of Public International Law

29. International human rights  

This chapter outlines the emergence of human rights in the sphere of international law and organization, and discusses the sources of human rights standards, non-discrimination and collective rights, the scope of human rights standards, and the regional protection and enforcement of human rights.

Chapter

Cover International Human Rights Law

29. Terrorism  

Martin Scheinin

This chapter first addresses the question of whether terrorism constitutes a violation of human rights, or whether the notion of human rights violations can only be applied to action by states, and then considers challenges to the applicability of human rights law in the fight against terrorism, particularly since 9/11. It focuses on the notion of terrorism, and in particular the risks posed to human rights protection by vague or over-inclusive definitions of terrorism. The main section of the chapter deals with some of the major challenges posed by counter-terrorism measures to substantive human rights protections. It is argued that the unprecedented post-9/11 wave of counter-terrorism laws and measures that infringed upon human rights was a unique situation, and that governments and intergovernmental organizations are realizing that full compliance with human rights in the fight against terrorism is not only morally and legally correct but is also the most effective way of combating terrorism in the long term.

Chapter

Cover International Human Rights Law

32. Pandemics  

Meghna Abraham

The COVID-19 pandemic has exposed the difficulties that states face when responding to public health emergencies. This chapter explores obligations under human rights law and health law treaties to prepare and prevent pandemics and the reasons that states have failed to meet these obligations. Next, it considers the challenges of responding to a pandemic and the difficulties of striking an appropriate balance between protection of life and health and enjoyment of other rights. Finally, the scope of the obligation to provide international assistance in the form of vaccines and other medical resources is discussed.

Chapter

Cover Competition Law

12. The international dimension of competition law  

This chapter explores the international dimension of competition law from two perspectives. It begins by describing the growth of international institutions involved in the development of competition law and policy, with particular reference to the International Competition Network (the ‘ICN’), the Organisation for Economic Cooperation and Development (the ‘OECD’) and the United Nations Conference on Trade and Development (‘UNCTAD’). It then looks at a more technical issue, which is the extent to which a sovereign state (or the European Union) can apply its competition law extraterritorially to conduct beyond its borders that has a harmful effect within it: this will briefly be considered from a theoretical perspective, after which the positions in the US, EU and UK will be examined in turn. The chapter concludes by briefly examining the extent to which a state may wish to block the application of a foreign competition law to its businesses.