The Institute of International Law and International Relations is pleased to announce that our current visiting researcher Dr. Antal Berkes' book with the title "International Human Rights Law Beyond State Territorial Control" was published by Cambridge University Press in June 2021.
The book conceptualises whether and to what extent international human rights law is applicable and enforced in a part of the State’s territory outside its effective control.
It claims that international human rights law can normalise an imperfect, defective situation through pragmatic interpretation, as it imposes obligations both on the territorial State on account of its sovereign title and residual effectiveness, on the one hand, and on any subject of international law exercising territorial control over the area, on account of its effective control, on the other.
By considering effectiveness beyond formal normative sources and titles of the subjects implicated in the territorial situation, international human rights law is interpreted and applied in a manner which renders human rights practical and effective.
The book provides a comprehensive analysis of State practice regarding various subjects implicated in the territorial situation, applicable legal sources and major geographic areas.
Available at: International Human Rights Law Beyond State Territorial Control (Cambridge University Press, ‘Cambridge Studies in International and Comparative Law’ Series; 2021)
Please see here for further information about Dr. Antal Berkes.