Notes: Some remarks on the concept of sovereignty and the extraterritorial application of human rights treaties
Notes: Some remarks on the concept of sovereignty and the extraterritorial application of human rights treaties

Summary/Abstract: Under human rights treaties, is one state obliged to infringe upon the sovereignty of another in order to defend human rights norms? The concept of the extraterritorial application of human rights treaties reflects the principle of the universality of human rights, which comes from the belief that these rights are the same for all people, irrespective not only of the ethnic, racial, religious and any other possible grounds for discrimination, but also of where they are. On the other hand, the implementation of international human rights obligations is limited by other legitimate interests and rights, which need to be fairly balanced on objective grounds. One such conflict arises when one state exercises effective jurisdiction over a territory that is subject to the territorial sovereignty of another state. This article first examines the meaning of terms relevant to the subject, and then tries to answer questions on the limits of the extraterritorial application of the human rights treaties set by the principle of territorial sovereignty.

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