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Relevance of the case Relevance of the case
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I. Facts of the case I. Facts of the case
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II. The legal question II. The legal question
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III. Excerpts III. Excerpts
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IV. Commentary IV. Commentary
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7.6 Prewitt Enterprises, Inc. v Org. of Petroleum Exporting Countries, 353 F.3d 916 (11th Cir. 2003)
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6.10 Al-Jedda v United Kingdom, App. No. 27021/08, European Court of Human Rights, 7 July 2011
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Published:March 2016
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Abstract
The judgment in the Al-Jedda case represents an important milestone in the evolution of the European Court of Human Rights’ jurisprudence on the extra-territorial application of the European Convention on Human Rights. In Al-Jedda, the Court seems to depart from its earlier case-law and accept the prevailing view that ‘effective control’ constitutes the proper standard for allocating responsibility between contributing states and international organizations engaged in the conduct of multinational military operations. At the same time, the judgment also highlights the difficulties involved in allocating responsibility in this context and the continued confusion surrounding the concepts of jurisdiction and international responsibility in the Court’s jurisprudence.
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