Description
| Product ID: | 9781108840620 |
| Product Form: | Hardback |
| Country of Manufacture: | GB |
| Series: | Cambridge Studies in International and Comparative Law |
| Title: | International Human Rights Law Beyond State Territorial Control |
| Authors: | Author: Antal Berkes |
| Page Count: | 376 |
| Subjects: | Political science and theory, Political science & theory, International relations, Human rights, civil rights, Civics and citizenship, Public international law, Public international law: human rights, International relations, Human rights, Civil rights & citizenship, Public international law, International human rights law |
| Description: | Berkes provides a comprehensive analysis of international law applicable to protecting human rights in territorial conflict situations where the state has no control over part of its territory. This book addresses the rules applicable to various subjects implicated in the territorial situation, applicable legal sources and major geographic areas. Can international human rights law be applied and enforced in a part of a State''s territory outside its effective control? This study provides a step by step analysis to show how it can. International human rights law can normalise an imperfect, defective situation through pragmatic interpretation; it imposes obligations both on the territorial State on account of its sovereign title and residual effectiveness on the one hand, and on any subject of international law exercising territorial control over the area on account of its effective control on the other. By considering effectiveness beyond formal normative sources and titles of the subjects implicated in the territorial situation, international human rights law is interpreted and applied in a manner which renders human rights practical and effective. The book provides a comprehensive analysis of State practice regarding various subjects implicated in the territorial situation, applicable legal sources and major geographic areas. |
| Imprint Name: | Cambridge University Press |
| Publisher Name: | Cambridge University Press |
| Country of Publication: | GB |
| Publishing Date: | 2021-06-17 |
