I Book Review: The Reach of Human Rights in a Globalising World: Extraterritorial Application of Human Rights Treaties
| Published date | 01 March 2011 |
| Date | 01 March 2011 |
| DOI | http://doi.org/10.1177/016934411102900113 |
| Subject Matter | Part D: DocumentationI Book Review |
Documentation
146 Intersentia
Michał Gondek, e Reach of Human Rights in a Globalising World: Extraterritorial
Application of Human Rights Treaties, Intersentia, Antwerp/Oxford/Portland, 2009,
xviii + 4 42 p., ISBN: 978–90–5095–817–2*
e issue of the (extra)territorial application of human rights treaties is obviously
fundamental to the protection oered by those treaties in many cases . In recent years,
the problem has come to the fore in relation to events in Iraq and Afghanista n. Earlier
scenarios have included the Turkish presence in Northern Cyprus and the NATO
air c ampaign relating to Kosovo. And even these important cas es concern only the
territorial extent of so-called rst-generation human rights, that is to say civil a nd
political rights. Patently, however, there are also serious questions to be asked as to the
reach of economic, social and cu ltural rights.
e treaties relating to civil a nd political rights have seen a great dea l of judicial,
other ocial a nd academic attention being exp ended on their territorial appl ication.
However, the many competent treaty bodies have not necessar ily developed the same
solutions, and domestic judges have noted – arg uably complained – that even the
European Court of Human Rights, the institution with the greatest output on this and
many other matters, has not even spoken with one voice in the development of its own
case law.1 Such uncertaintie s have – perhaps unavoidably – also plagued the academic
discussion. ere have be en very many articles on the territorial reach of civ il and
political rights, frequently addressing indiv idual decided cases, but t here have been
relatively few longer works setting out to collate and review a ll of the diverse material
pertaini ng to the numerous treaties. e book by Michał Gondek now lls t hat gap.
e rst subst antive chapter – Chapter II – sets t he scene by recalli ng the
distingu ishing qualitie s of human rights treaties, as compared to the classical
international treaties with intergovernmental content. ese concern, as the author
ably explain s, the structu re of the obligations – owed not to the ot her States parties ,
but to the individual beneciaries – and the function of human rights law as part of an
objective i nternational ordre public. Moreover, there are particu larities with respect
to the rules of interpretation. In this respect, Gondek explai ns the basic rules of treaty
interpretation, and emphasises in particular the way in wh ich these rules apply to
human rights t reaties. It may be doubted whe ther these explanations were str ictly
necessary, or whet her the proper approach could not be mentioned where particular
issues arise, or (partly) taken for granted. However, Gondek makes some valuable
points, and it is useful to have those concentrate d in one section of the book. It is
sensible, for instance, to point to the special emphasis on t he object and purpose of a
treaty and to the (closely related) rule of dy namic interpretation. Given th at Gondek
(rightly) sets relatively little store by subsequent State practice (other than domestic
* Tobias ienel, LLM (Edinburgh), doctora l candidate, Walther Schücking Ins titute of International
Law, University of Kiel, G ermany.
1 House of Lord s, R (Al-Ske ini) vs Secretary of State for Defence [2007] UKHL 26, [2008] 1 AC 153,
para. 67 (Lord Rod ger).
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