SHARES blog: The Maastricht Principles on Extraterritorial Obligations in the area of ESC rights – Comments to a Commentary
SHARES blog series on shared responsibility in international law.
Introduction: The extraterritorial applicability of human rights obligations is still a hotly debated topic. As most human rights treaties contain a jurisdiction clause which limits their effect to territories or people over which a state has some form of authority or control, the discussion tends to focus on the proper interpretation of the term jurisdiction. Courts and supervisory bodies confronted with interpreting the outer limits of jurisdiction clauses, for instance pertaining to situations of foreign occupation or arrests conducted by state agents abroad, have conceded that jurisdiction does not mean that a state’s human rights obligations end at its borders. The question that remains is when states are required to secure human rights for people outside their borders and to what extent.