Raible, Lea Alexa; (2018) Human rights unbound: a theory of extraterritorial human rights obligations with special reference to the International Covenant on Economic, Social and Cultural Rights. Doctoral thesis (Ph.D), UCL (University College London).

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Abstract

This thesis advances four main arguments aimed at fundamentally changing the way we think about extraterritorial human rights obligations. First, I argue that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, I seek to show that human rights as found in international human rights law, including the International Covenant on Economic, Social and Cultural Rights, are underpinned by the values of integrity and equality. Third, I argue that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over said individuals. And fourth, I show that title to territory is best captured by the value of stability, as opposed to integrity and equality. Because of this, models of jurisdiction that incorporate a close relationship with title to territory cannot be successful. The consequence of these arguments is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights law that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on my account, this threshold is not a conceptual necessity but a normative one. It is the relevant threshold not only for practical reasons, but because it justifies the allocation of human rights obligations.

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