Search results for "Extraterritorial jurisdiction"
showing 2 items of 2 documents
Extraterritorial Jurisdiction in International Law
2015
Application of internal law by a state beyond its own territory is an extraordinary action in international law. It requires not only a solid justification but is also subject to many restrictions. It often comes to conflicts against this background that is why extraterritorial jurisdiction is considered as a dangerous but yet an effective instrument of foreign politics. The article not only provides a concise definitions of extraterritoriality but also points to its acceptable bases (liaisons) and restrictions. Moreover, a review of interesting, representative doctrine stances has been done. Controversies and dangers related to the discussed institution are explicitly emphasized. In contra…
M.N. e altri c. Belgio: qualche osservazione dissenziente
2021
In this commentary to the M.N. v. Belgium case, the authors criticize the three fundamental arguments on which the decision of the European Court of Human Rights is founded: the approach based on ‘originalism’, the approach based on the Courts’ precedents, and the approach based on consequentialism. As far as consequentialism is concerned, the authors approve the use of non strictly legal arguments in the Court’s reasoning, convinced as they are that human rights courts, more than any other judge, are not la bouche de la loi, but hold political power. We criticize the Court's choice to give space to only one of the (possible) political consequences of its decision, completely disregarding a…