From compromise to principle: clarifying the concept of state jurisdiction in human rights treaties

Milanović, M. ORCID: https://orcid.org/0000-0003-3880-6096 (2008) From compromise to principle: clarifying the concept of state jurisdiction in human rights treaties. Human Rights Law Review, 8 (3). pp. 411-448. ISSN 1744-1021 doi: 10.1093/hrlr/ngn021

Abstract/Summary

This article analyses the notion of state jurisdiction in international human rights treaties, which is central for determining their territorial scope of application. In that regard, the article provides an overview of jurisdiction clauses in the relevant treaties and examines their historical origins. It then attempts to distinguish this notion from state responsibility and from the concept of state jurisdiction in general international law.