The Extraterritorial Application of the European Convention on Human Rights

|Speeches|Lord Dyson

“A State’s sovereignty is understood by reference to a geographical territory and jurisdiction is understood by reference to a State’s authority over persons within that territory. The primarily territorial perspective of jurisdiction must also be understood against the background of the historical period in which many international treaties, including the Convention, were written. In the post-WWII era, jurisdiction was a tool to allocate competency among fiercely independent and volatile nation States. In the minds of the drafters of such conventions, if one State assumed extraterritorial jurisdiction then it would, necessarily, encroach upon another State’s jurisdiction.”

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