Responsibility of States for Human Rights Violations Outside Their Territory
Recenzentas / Rewiewer |
Licencinė sutartis Nr. MRU-EDT-267
This thesis explores the issue of establishing the responsibility of states for human rights violations outside the territory of their state. The question of establishing jurisdiction over territories outside the borders of the State is defined by the term "extraterritoriality". This work deals with this topic, both theoretically and practically. We have identified the main terms we use in our research and analyze their development. We have found that most contracts do not provide for the extraterritorial application of the rules provided for in them. Contrary to the general law, international human rights instruments provide for the extraterritorial use of the provisions enshrined in ECHR and ICCPR. The practical side of the study was the establishment of extraterritoriality models, their application in practice, and the analysis of court cases. At the outset of our research, we identified the advantages and disadvantages of these modems and outlined what approach to determining extraterritoriality might be more effective. We have considered the issue of human rights violations by Russia in Ukraine. We have analyzed the causes of the conflict and its consequences. We have examined the judgments regarding the conflict between Ukraine and Russia that are currently being considered by international courts. In the course of the study, we established the extraterritorial jurisdiction of the Russian Federation over the territories of the Crimea, Donetsk and Luhansk regions.