Clarifying the Extraterritorial Application of the European Convention on Human Rights

Ryngaert, Cedric
March 2012
Merkourios;2012, Vol. 28 Issue 74, p57
Academic Journal
In Al-Skeini v the United Kingdom, the European Court on Human Rights clariied the scope ratione loci of the European Convention on Human Rights. Without fully abandoning the territorial concept of jurisdiction, which it had airmed in the 2001 Bankovic decision, the Court inched somewhat closer to the personal model of jurisdiction. After Al-Skeini, an ECHR Contracting State's exercise of public powers over a given territory, even in the absence of full effective control, may bring persons present in that territory within the State's jurisdiction. he Court did not, however, pronounce itself on the applicability of the ECHR in case (agents of ) a Contracting State exercise governmental authority over persons abroad without exercising public powers over the territory where these persons are located.


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