Book contents
- International Human Rights Law Beyond State Territorial Control
- Cambridge Studies in International and Comparative Law: 156
- International Human Rights Law Beyond State Territorial Control
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 The Legal Effect of Effective Control over Territory
- 3 The Human Rights Obligations of States
- 4 The Human Rights Obligations of Non-state Actors
- 5 The Responsibility of States
- 6 The Responsibility of Non-state Actors
- 7 Judicial Control Mechanisms
- 8 Non-judicial Control Mechanisms
- 9 General Conclusions
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law: 156
4 - The Human Rights Obligations of Non-state Actors
Published online by Cambridge University Press: 16 June 2021
- International Human Rights Law Beyond State Territorial Control
- Cambridge Studies in International and Comparative Law: 156
- International Human Rights Law Beyond State Territorial Control
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 The Legal Effect of Effective Control over Territory
- 3 The Human Rights Obligations of States
- 4 The Human Rights Obligations of Non-state Actors
- 5 The Responsibility of States
- 6 The Responsibility of Non-state Actors
- 7 Judicial Control Mechanisms
- 8 Non-judicial Control Mechanisms
- 9 General Conclusions
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law: 156
Summary
International human rights law binds non-state actors when they exercise effective control over the territory and imposes on them positive obligations in accordance with their effectiveness. Among possible legal bases, the de facto control theory is the most widely accepted explanation under which territorial control, irrespective of the legal title, instigates certain obligations. The chapter first explains that international human rights law has a binding effect on peace operations and de facto regimes. Second, it demonstrates that the specificity of the limits of their positive obligations results from the immunities of peace operations, on the one hand, and from the non-recognised status of de facto regimes, on the other.
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- International Human Rights Law Beyond State Territorial Control , pp. 149 - 206Publisher: Cambridge University PressPrint publication year: 2021
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