Indonesian Journal of International Law


APPLICATION OF EXTRATERRITORIAL JURISDICTION IN EUROPEAN CONVENTION ON HUMAN RIGHTS (CASE STUDY: AL-SKEINI AND OTHERS V. UK)

Sitepu, Aldo Ingo (Unknown)



Article Info

Publish Date
30 Apr 2016

Abstract

This research explains the definition of jurisdiction, development of the extraterritorial jurisdiction and its regulation in international law which includes its principle and also boundaries. This research then analyses cases before Al- Skeini and others v. UK case regarding the application of jurisdiction mentioned in Article 1 of the European Convention on Human Rights (ECHR) by European Court of Human Rights (ECtHR). Furthermore, this research analyses the applications of Article 1 ECHR in United Kingdom’s House of Lords decision and ECtHR decision in Al-Skeini. In its decision ECtHR stated that the existence of Public Power in Al-Skeini causes an extraterritorial jurisdiction in that case. The judgement caters to the human rights protection but on the other hand it still leaves confusion in determining the requirement of extraterritorial jurisdiction in the ECHR.

Copyrights © 2016






Journal Info

Abbrev

publication:ijil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

IJIL is intended to promote international law in Indonesia and to build the interest of scholars and decision-makers in the important role of international law in developing the rule-based international community. IJIL is intended to serve as an academic discussion forum on the development of ...