Extraterritorial human rights obligations : taking stock, looking forward
Faculty of Law
Journal européen des droits de l'homme. - Bruxelles, 2013, currens
, p. 804-835
University of Antwerp
For a long time, human rights law has been concerned (almost) exclusively with the human rights obligations of the territorial state. However, human rights are increasingly impacted upon not only by the territorial state, but also by other, foreign states. These realities pose a conceptual challenge to human rights law to broaden the range of duty-bearers, in the first place to include also foreign states. This article seeks to take stock of the state of the art of the field of extraterritorial human rights obligations, in particular in the area of economic, social and cultural rights. It explicitly engages with the 2011 Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights. We conclude by moving beyond extraterritorial obligations of foreign states to the case for direct human rights obligations of international organisations, companies and other non-state actors in a position to wield substantive power.