Obligaţiile extrateritoriale privind protecţia drepturilor omului şi Uniunea Europeană
Extraterritorial Human Rights Obligations
and the European Union
Author(s): Sorina DorogaSubject(s): EU-Legislation
Published by: Universul Juridic
Keywords: human rights; extraterritorial obligations; European Union; extraterritorial jurisdiction,;international trade agreements;
Summary/Abstract: The present paper aims to analyse some of the elements that could help substantiate the EU’s legal duty to protect human rights extraterritorially in its participation in international trade and investment instruments, as well as some of the processes through which the EU’s self regulated . approach could bring about change in the larger sphere of international law, by popularization of its own standards for extraterritorial human rights protection. To this end, the paper first explores the general shift from a territorial to a functional approach to jurisdiction, as well as the extraterritorial application of human rights obligations by international courts. The analysis then turns to the sources that could be relevant for identifying the EU’s obligations to protect human rights abroad, as well as the wider effects of Articles 3(5), 21 TEU and existing case law of the European Court of Justice concerning extraterritorial human rights obligations.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2024
- Issue No: 1
- Page Range: 33-46
- Page Count: 13
- Language: English