
Contents
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1. Introduction 1. Introduction
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2. Universality and Human Dignity 2. Universality and Human Dignity
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3. Sovereignty and Territory 3. Sovereignty and Territory
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4. Sovereignty and Comity to the Territorial State 4. Sovereignty and Comity to the Territorial State
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A. The sovereignty of Iraq in Al-Skeini A. The sovereignty of Iraq in Al-Skeini
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B. Canadian case law on sovereignty and comity B. Canadian case law on sovereignty and comity
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C. Comity as a distraction from effectiveness C. Comity as a distraction from effectiveness
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5. Sovereignty, Citizenship, and the Social Contract 5. Sovereignty, Citizenship, and the Social Contract
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A. US case law on citizenship and extraterritoriality A. US case law on citizenship and extraterritoriality
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B. The Guantanamo cases B. The Guantanamo cases
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C. Evaluating citizenship as a ground for extraterritoriality of individual rights C. Evaluating citizenship as a ground for extraterritoriality of individual rights
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6. Relativism and Regionalism 6. Relativism and Regionalism
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A. Relativism and regionalism before the European Court A. Relativism and regionalism before the European Court
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B. Relativism and regionalism in Al-Skeini B. Relativism and regionalism in Al-Skeini
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C. Relativism and regionalism evaluated: another face of effectiveness C. Relativism and regionalism evaluated: another face of effectiveness
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7. Preventing Arbitrary Distinctions and Results and the Abuse of Law 7. Preventing Arbitrary Distinctions and Results and the Abuse of Law
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8. Political Questions, Deference, and Institutional Incompetence 8. Political Questions, Deference, and Institutional Incompetence
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9. Effectiveness and Norm Conflict 9. Effectiveness and Norm Conflict
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10. Between Universality and Effectiveness 10. Between Universality and Effectiveness
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A. What does and what should matter A. What does and what should matter
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B. Effectiveness: flexibility B. Effectiveness: flexibility
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C. Effectiveness: impact C. Effectiveness: impact
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D. Effectiveness: regime integrity D. Effectiveness: regime integrity
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E. Effectiveness: clarity and predictability E. Effectiveness: clarity and predictability
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F. Conclusion F. Conclusion
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Cite
Abstract
The second chapter began the inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, and of their construction into workable legal concepts and rules. Their interpretation cannot be complete, however, without examining the object and purpose of these treaties, and the various policy considerations which influence courts in their decision-making, which is the object of this chapter. This chapter focuses on the tension between universality and effectiveness, which is the prime cause of methodological and conceptual inconsistencies in the case law. It looks at a number of normative considerations, such as the universality and indivisibility of human rights, territorial sovereignty, citizenship, cultural relativism, and regionalism.
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