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The Concept Of State Jurisdiction And The Applicability Of The Non-Refoulement Principle To Extraterritorial Interception Measures

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Chapter Summary

This chapter aims to analyze the criteria for the establishment of jurisdiction under human rights law. After a brief review of the evolution of the concept of jurisdiction under general international law, the chapter examines the jurisprudence of international and regional bodies that have interpreted the concept in their decisions. The criteria for the establishment of jurisdiction are applied to various extraterritorial interception scenarios. The analysis begins with interception measures in a State's territorial seas and then proceeds to examine step-by-step successive operations taking place in zones that are incrementally further away from the intercepting State's territory. The chapter examines the extent to which the various human rights decision making bodies are likely to concur on the applicability of the non-refoulement principle when a State acts outside of its territory, based on their current jurisprudence.

Keywords: extraterritorial interception measures; human rights law; non-refoulement principle; State Jurisdiction



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