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Skogly, Sigrun I. --- "Extraterritoriality: Universal Human Rights Without Universal Obligations?" [2010] ELECD 192; in Joseph, Sarah; McBeth, Adam (eds), "Research Handbook on International Human Rights Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Human Rights Law

Editor(s): Joseph, Sarah; McBeth, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203687

Section: Chapter 3

Section Title: Extraterritoriality: Universal Human Rights Without Universal Obligations?

Author(s): Skogly, Sigrun I.

Number of pages: 26

Extract:

3. Extraterritoriality: universal human rights
without universal obligations?
Sigrun I Skogly



1 Introduction
In international human rights discourse, the concept of universalism has been
key since the adoption of the Charter of the United Nations (`UN Charter') in
1945, and the labelling of the 1948 Declaration as the Universal Declaration
of Human Rights (`UDHR')1 signifies the importance of this concept. Added
to this, the strong position of the non-discrimination provisions in the UN
Charter, the UDHR and all subsequent human rights treaties and declarations
is further evidence of the primacy of universal and non-discriminatory enjoy-
ment of human rights. This was also confirmed by the International Court of
Justice (`ICJ') in its determination that the practice of apartheid was a flagrant
violation of the purposes and principles of the UN Charter.2
Yet, in the development of human rights law and its implementation
through national and international bodies, the concept of universalism has
been rather one-sided: it concerns human rights enjoyment, but not human
rights obligations. While all individuals everywhere are considered to have the
same rights based on international law, the obligation-holders (normally
states) do not have the same obligations with regard to individuals every-
where. According to common perceptions of human rights obligations,
whether a state can in any way be held responsible for human rights violations
depends not only on the state's actions, but also on where those actions took
place, and/or the nationality of the victims of the violations.
...