Between facts and principles: jurisdiction in international human rights law

نویسندگان

چکیده

In international human rights law ‘jurisdiction’ is the centre of debate on extraterritorial obligations. The purpose present paper to a) analyse how facts and principles contribute explanation jurisdiction in b) show this analysis could help sharpen area by making grounds disagreement between different accounts explicit. It first describes practice regarding shows that it committed being a principle responds ground. Second, two academic views detail. Next, introduces framework developed Jerry Cohen. idea only support if their relevance explained another does not depend facts. Finally, section 4 combines with our insights into jurisdiction. If best understood as facts, implies cannot be alone. must instead reflect are themselves fact-dependent. Adhering allows for better clearer understanding

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ژورنال

عنوان ژورنال: Jurisprudence

سال: 2021

ISSN: ['2040-3313', '2040-3321']

DOI: https://doi.org/10.1080/20403313.2021.1990597