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This project aims to provide a critical evaluation of the law and policy of whether and to what extent international human rights law is and should be applicable to states extraterritorially

This project is led by听Ralph Wilde.听The first phase, funded by a听听from the European Research Council, addresses whether and in what circumstances human rights law applies extraterritorially.听This will be completed at the end of 2023.听The main publication, a CUP monograph entitled听听will go to press then.听 The next phase, concerned with what human rights law requires when it applies extraterritorially, case studies, and enforcement, will be conducted in 2024.听The main publication, a CUP monograph entitled听,听will go to press at the end of that year.听 The final phase, concerned with interdisciplinary approaches, will be conducted in 2025.听The main publication, a CUP monograph entitled听听will go to press at the end of that year.听Existing publications from the project, a series of book chapters and journal articles, can be found below.听More will be added when they are published. For the first phase of the project, and were the project Research Fellows.

Extraterritorial human rights concerns

States have an impact on human rights not only in their own territories.听Also, often there is an extraterritorial impact - on people in the rest of the world.

For civil and political rights, relevant extraterritorial activity includes war, occupation, other military action, anti-migration and anti-piracy initiatives at sea, sanctions, extraordinary rendition, strikes by so-called 鈥榙rones鈥� and the operation of extraterritorial detention and interrogation sites housing combatants and migrants, including refugees.

Just as the attacks on 9/11 resulted in a global policy focus on terrorist threats, so too the range and significance of extraterritorial actions commenced or continuing over and beyond the decade since then, have led to greater critical attention being focused on the impact on human rights outside their borders of the actions of states.

For socio-economic rights, the widening gap between the global rich and the global poor, and the increasing appreciation of ideas of interdependence and common responsibilities in the context of globalization, have led to a renewed focus on the obligations of the economically advantaged towards those less fortunate.听

Also, concerns have been raised about the potentially negative effect of development assistance on civil and political rights, the misuse of aid money by oppressive governments, and the harm caused by economic sanctions to ordinary people. Moreover, fundamental challenges are made to the legitimacy and viability of the economic models promoted through development policies and enabled by the structures of international economic relations.

The potential role of international human rights law

Public policy on the obligations of States towards human rights outside their territories has a legal dimension in international human rights law.

However, for civil and political rights, it has been asked whether certain activities, notably those associated with the war on terror and the policies of President Obama of a similar nature, such as drone strikes, take place in a 鈥榣egal black hole,鈥� usually taken to denote the absence of rules providing checks and balances against abuses.听

Indeed, whether and to what extent international human rights law applies extraterritorially to these activities is contested, and uncertain.听The case law and commentary is sparse and often highly situation-specific, and states take varying and mutually inconsistent positions on it.

Similarly, the extraterritorial application of socio-economic obligations is unclear and disputed.听The two concepts associated an obligatory global redistribution of wealth 鈥� the 鈥榬ight to development鈥� and the target of 0.7% of GDP allocated to overseas aid, implicated in the Millennium Development Goals 鈥� involve fundamental disagreement and uncertainty on the quantum involved and, indeed, whether there is even obligation in the first place.

Critiques of development models include the charge that the global normative regime is, if anything, part more of the problem than of the solution.听Moreover, whether obligations concerning the negative impact of aid policy on civil and political rights even exist is disputed and under-explored.

The project

This project aims to provide a critical evaluation of the law and policy of whether and to what extent human rights law is and should be applicable to states extraterritorially.

Publications

Below are details of the project publications currently available.听There are more to come.听When they are available they will be posted here; if you would like to be sent a copy, please email听hrbb@ucl.ac.uk

• (forthcoming, Cambridge University Press 2024, to be submitted 2023)
• (forthcoming, Cambridge University Press 2025, to be submitted 2024)
• (forthcoming, Cambridge University Press 2026, to be submitted听2025)
• Ralph Wilde:听 Chapter in听Research Handbook on International Law and Social Rights听(C. Binder, F. Piovesan, A. 脷beda de Torres, J.A. Hofbauer eds., Edward Elgar,听2020) (double blind peer-reviewed)
• Ralph Wilde, 鈥樷��,听Chapter 14 in Routledge Research Handbook on Extraterritorial Human Rights Obligations (Mark Gibney, Gamze Erdem T眉rkelli, Markus Krajewski, and Wouter Vandenhole, eds, Routledge,听2021) 196-210 (double blind peer-reviewed)
• Ralph Wilde, 鈥樷��, 22 Palestine Yearbook of International Law 3-74 (2021) [72 pages/33,000 words]
• Ralph Wilde, '', chapter in Routledge Handbook of State Recognition (Gezim Visoka, John Doyle, Edward Newman, eds. Routledge,听2019) (double blind peer review)
• Expert opinion on the applicability of human rights law to the Palestinian Territories with a specific focus on the respective responsibilities of Israel, as the extraterritorial state, and Palestine, as the territorial state, Report for the Diakonia International Humanitarian Law Resource Centre in Jerusalem, 9 February 2018, obtainable from: <> [40 pages/23,800 words]
• Ralph Wilde, 听in:听Weiss T, Daws S (ed.) The Oxford Handbook on the United Nations,听Oxford University Press, 2018
• Ralph Wilde, .听In:听Benvenisti, E听and听Nolte, G, (eds.)听Community Obligations in Contemporary International Law听(pp. 381-395). Oxford University Press: Oxford, UK, 2018
• Ralph Wilde,听听In:听Allen, S, (ed.)听Fifty Years of the British Indian Ocean Territory.听Springer, 2018
• Ralph Wilde,听听American Journal of International Law听unbound, 2018
• Ralph Wilde, 鈥楲et them drown鈥�: Rescuing migrants at sea and the non-refoulement obligation as a case study of international law鈥檚 relationship to 鈥榗risis鈥�, EJIL: Talk!, , posted 25 February 2017; , posted 27 February 2017 [4,138 words in total]
• Ralph Wilde,听鈥楢merican Society of International Law, 166 Proceedings of the 110th Annual Meeting: Adapting to a Changing World (2017, American Society of International Law) 166-9 [4 pages/2000 words]
• Ralph Wilde, Chapter 5 in Nehal Bhuta (ed.), The Frontiers of Human Rights: Extraterritoriality and its Challenges, Collected Courses of the Academy of European Law (Oxford University Press, 18 February 2016, ISBN: 9780198769279), 127-175 [49 pages/25,000 words]
• Ralph Wilde , Chapter 35 in Nigel Rodley and Scott Sheeran (eds), Routledge Handbook on Human Rights (Routledge, 2013), 635-61 [28 pages/15,000 words]
• Ralph Wilde Chinese Journal of International Law (2013) 12(4) 639-677 [39 pages/17,000 words]
• 鈥楻emarks鈥� (on the extraterritorial application of human rights law), American Society of International Law, Proceedings of the 104th Annual Meeting (2011) 110-3 [4 pages/2000 words]
• 鈥楥ompliance with human rights norms extraterritorially: 鈥榟uman rights imperialism鈥�?鈥�, Chapter 16 in International Law and the Quest for its Implementation/Le droit international et la qu锚te de sa mise en 艙vre, Liber Amicorum Vera Gowlland-Debbas (Laurence Boisson de Chazournes & Marcelo Kohen, eds., Brill/Martinus Nijhoff, 2010), ISBN 978-9004-17714-7, 319-348 [30 pages/15,000 words]
• 鈥楩rom Trusteeship to Self-Determination and Back Again: the Role of the Hague Regulations in the Evolution of International Trusteeship, and the Framework of Rights and Duties of Occupying Powers,鈥� (2009) 31 Loyola of Los Angeles International and Comparative Law Review 75-132, <> 听[58 pages/26,000 words]
• Case Note, R (Al-Skeini) v Secretary of State for Defence (The Redress Trust intervening) (2008) 102(3) American Journal of International Law 628-634 [7 pages/3,600 words] <>
• 鈥楥omplementing Occupation Law? 听Selective judicial treatment of the suitability of human rights norms鈥�, (2009) 42(1) Israel Law Review 80-100, , ; and on SSRN as Hebrew University International Law Research Paper No. 18-09: <> 听[21 pages/10,500 words]
• 鈥楾riggering State Obligations Extraterritorially: The Spatial Test in Certain Human Rights Treaties鈥�, (2007) 40(2) Israel Law Review 503-526, ; and on SSRN as Hebrew University International Law Research Paper No. 17-07: <> [24 pages/10,100 words]
• 鈥楥asting Light on the 鈥楲egal Black Hole鈥�: Some Political Issues at Stake鈥� (2006) 5 European Human Rights Law Review 552 鈥� 7 [6 pages/3,000 words]
• 鈥楾he Extraterritorial Application of the Human Rights Act鈥� in Jane Holder & Colm O鈥機inneide (eds.) Current Legal Problems 2005 (Oxford University Press, 2006), 47-81 [34 pages/12,000 words]
• 鈥楲egal 鈥淏lack Hole鈥�?: 听Extraterritorial state action and international treaty law on civil and political rights鈥� (2005) 26(3) Michigan Journal of International Law 739 鈥� 806 [68 pages/32,000 words], obtainable here:
• 鈥楾he applicability of international human rights law to the Coalition Provisional Authority (CPA) and foreign military presence in Iraq鈥� (2005) 11 (2) ILSA Journal of International & Comparative Law 485 鈥� 95 [10 pages/5,700 words]
• 鈥楾he 鈥楲egal Space鈥� or 鈥�Espace Juridique鈥� of the European Convention on Human Rights: Is it Relevant to Extraterritorial State Action?鈥� (2005) 2 European Human Rights Law Review 115 鈥� 124 [10 pages/5,100 words]

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Contact

Project email address:听hrbb@ucl.ac.uk

Please contact us with any questions about the project, and/or if you would like to be added to a database of contacts to be provided with project updates, including information about new publications.