Author: Antal Berkes

Publisher:

Published: 2021-03

Total Pages:

ISBN-13: 9781108886543

"The book grapples with the applicability and application of international human rights law in geographic areas where the State that is recognised as the sovereign of the territory (territorial State) has lost effective control over a part of its territory. Such a situation raises difficult questions in terms of the applicability of international law and international human rights law, especially since the latter traditionally imposes obligations on the territorial State, presumed as exercising effective control over its entire territory,The book grapples with the applicability and application of international human rights law in geographic areas where the State that is recognised as the sovereign of the territory (territorial State) has lost effective control over a part of its territory. Such a situation raises difficult questions in terms of the applicability of international law and international human rights law, especially since the latter traditionally imposes obligations on the territorial State, presumed as exercising effective control over its entire territory, while it does not foresee express provisions in situations where the territorial State has lost control over part of its territory. This does not mean that these situations bring about an international regulatory vacuum. In fact, other actors exercise effective control over the territory of which obligations are not expressly addressed by international human rights law instruments. These actors include other States (outside States) controlling the territory in an invasion phase; situations of belligerent occupation; territorial lease; international organisations in peace operations, especially within the framework of an international territorial administration; and non-state de facto regimes, issued from an armed group consolidating its effective territorial control. while it does not foresee express provisions in situations where the territorial State has lost control over part of its territory. This does not mean that these situations bring about an international regulatory vacuum. In fact, other actors exercise effective control over the territory of which obligations are not expressly addressed by international human rights law instruments. These actors include other States (outside States) controlling the territory in an invasion phase; situations of belligerent occupation; territorial lease; international organisations in peace operations, especially within the framework of an international territorial administration; and non-state de facto regimes, issued from an armed group consolidating its effective territorial control"