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Jane A Hofbauer

at re-determining the scope of application of human rights treaties. 7 It is against this background that the present analysis will explore whether the particular situation of (climate) project finance can fall within the ambit of extraterritorial human rights obligations. Overcoming the operational gap of ensuring human rights protection in the context of climate policies – or more specifically with regard to climate project finance – poses significant challenges to the existing legal framework. And as will be seen below, the majority of existing case-law on

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Sigrun I. Skogly

3. Extraterritoriality: universal human rights without universal obligations? Sigrun I Skogly 1 Introduction In international human rights discourse, the concept of universalism has been key since the adoption of the Charter of the United Nations (‘UN Charter’) in 1945, and the labelling of the 1948 Declaration as the Universal Declaration of Human Rights (‘UDHR’)1 signifies the importance of this concept. Added to this, the strong position of the non-discrimination provisions in the UN Charter, the UDHR and all subsequent human rights treaties and declarations

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Klaus D. Beiter

JOBNAME: EE3 Gervais PAGE: 1 SESS: 8 OUTPUT: Thu Mar 26 09:59:53 2020 5. Access to textbooks in developing countries, copyright, and the right to education: embracing extraterritorial state obligations in intellectual property law* Klaus D. Beiter 1. INTRODUCTION By way of example, this chapter will demonstrate the significance of extraterritorial state obligations (ETOs) under international human rights law (IHRL) for intellectual property (IP) law by focusing on the issue of how the right to education under international law prescribes requirements that

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Brice Dickson

JOBNAME: Fabbrini PAGE: 1 SESS: 3 OUTPUT: Thu Mar 10 15:37:58 2016 11. The extra-territorial obligations of European states regarding human rights in the context of terrorism Brice Dickson INTRODUCTION Constitutions are primarily inward looking, setting out rights and obligations as between a particular state and the people who are lawfully in that state.1 Sometimes they give fewer rights to non-nationals of the state,2 but more usually there is at least an implicit acceptance that the state’s domestic law can extend constitutional rights to non-nationals, even

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Antal Berkes

the international responsibility of the host State for its failure. This chapter argues that, beyond the host State, the home State too has similar international obligations to regulate the activities of its corporate nationals when they develop economic activities overseas. This raises the question of extraterritoriality. The text focuses on the home State’s responsibility for violating its obligations under international human rights law with regard to the activities of corporate nationals abroad. This way the chapter adds a third strand of responsibility. The MNC

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Anna F.S. Russell

to adequate water, the problem lies with the State where the individual lives and does not relate directly to use of an international watercourse by another State.11 2. THE INTERNATIONAL HUMAN RIGHT TO WATER AND EXTRATERRITORIAL OBLIGATIONS IN RELATION TO TRANSBOUNDARY WATERCOURSES 2.1 The Right to Water and the International Covenant on Economic, Social and Cultural Rights (ICESCR) As discussed in the preceding chapter, there is no explicit reference to water in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights

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Siobhán McInerney-Lankford

, rendering them climate IDPs, and those forced to flee their countries, rendering them climate refugees. See Oxford Centre for Refugee Studies, supra note 8, at 16: ‘As such there is a need to assess the extent to which existing instruments may be reapplied, reinterpreted and reformed to protect environmentally displaced persons.’ 12   J. Knox, ‘Diagonal Environmental Rights’ in S. Skogly and M. Gibney (eds.), Universal Human Rights and Extraterritorial Obligations (University of Pennsylvania Press, 2010), at 85.  5 MAYER_9781785366581_t.indd 132 27/09/2017 07

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Mariagiulia Giuffré and Violeta Moreno-Lax

addition to) the one offered by international refugee law. Indeed, States are bound not to transfer any individual to another country where they may face serious harm—particularly, arbitrary deprivation of life, torture 59 Giuffré, ‘Readmission Agreements and Refugee Rights: from a Critique to a Proposal’ (2013) 32 Refugee Survey Quarterly 79. 60 ECtHR, Hirsi v Italy, Appl. 27765/09, 23 Feb. 2012, para 180. 61 This section is based on Giuffré, ‘Access to Asylum at Sea? Non-refoulement and a Comprehensive Approach to Extraterritorial Human Rights Obligations’ in

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Jeanette Schade

present article clearly shows that the practice of delegating responsibilities can result in the diffusion of responsibilities, which often works to the disadvantage of those persons affected by such projects. In addition, the negative impacts (mostly failures in due diligence) are usually felt abroad and not within the jurisdiction of the treaty parties that fund the development banks financing the project. 13 Although extraterritorial human rights obligations are increasingly recognized, 14 they are difficult to litigate. This difficulty is thus an additional burden

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Henrik Ringbom

shifted to issues which are only superficially dealt with in the convention or not at all. Answers to questions that are not regulated in the LOSC have to be found in general international law.106 Such questions include the extent of port states’ (territorial) jurisdiction over ships, the relationship between the essentially territorial jurisdictional regime of the LOSC and the bases for extra-territorial jurisdiction under general international law and the responsibility of states for failing to meet their international maritime obligations, or for individuals who fail