THE “EFFECTIVE CONTROL” REGIME: A CONTRADICTION TO THE UNIVERSAL NATURE OF HUMAN RIGHTS OBLIGATIONS
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https://doi.org/10.55662/Abstract
The essay question places an opinion on the current status quo regarding the extraterritorial human rights obligation of States. It puts forth the opinion, as an answer to the question, that the international treaties and conventions regarding State obligation to protect and fulfil human rights beyond its territory is limited by the prevalent definitions of 'jurisdiction' which do not allow a State to exercise its human rights obligations beyond territories or persons under its "effective control". This contradicts the promise enumerated in Article 28, the idea of universality of human rights and the fact that States can in fact exercise influence beyond its borders/jurisdiction due to rapid globalization and digital developments.
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