DiscussionResponse

The battle against transnational fisheries crime

Jurisdictional challenges

The raison d’être of the concept of transnational ‘fisheries crime’ (TFC) (INTERPOL 2013) or ‘marine resource crime’ (UNODC 2011) can be traced to endemic illicit activities in the fisheries sector which, due to their devastating impacts, are increasingly considered as a serious problem worthy of attention as ‘criminal’ rather than merely ‘illegal’ behaviour. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …

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DiscussionResponse

Respect and Protection of International Law Beyond the Borders (of Human Rights)

A response to Heta Heiskanen & Juka Viljanen Heta-Elena Heiskanen and Jukka Viljanen kindly invited me to comment on their blog note discussing certain points stemming from their recent paper on extraterritoriality within the ECHR regime. The paper revisits the relevant case law of the ECtHR on extraterritoriality and invites us to consider that similar concerns may arise in the context of environmental protection as well. As its analysis demonstrates, …

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Discussion

Extraterritoriality and lowering the exceptional circumstances threshold

Beyond the prevailing extraterritoriality case-law

European Convention on Human Rights (ECHR) provides in Article 1 that “the High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I”. However, this does not relieve Contracting Parties from their responsibility for consequences taking place outside their territorial jurisdiction. The contemporary human rights discourse has approached the jurisdiction doctrine with consistent but cautious evolution.

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