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Human Rights Law Review Advance Access originally published online on August 2, 2008
Human Rights Law Review 2008 8(3):411-448; doi:10.1093/hrlr/ngn021
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© The Author [2008]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

From Compromise to Principle: Clarifying the Concept of State Jurisdiction in Human Rights Treaties

Marko Milanovic*

*PhD candidate, Gonville & Caius College, University of Cambridge; Associate, Belgrade Centre for Human Rights (marko.milanovic{at}gmail.com).

This article analyses the notion of state jurisdiction in international human rights treaties, which is central for determining their territorial scope of application. In that regard, the article provides an overview of jurisdiction clauses in the relevant treaties and examines their historical origins. It then attempts to distinguish this notion from state responsibility and from the concept of state jurisdiction in general international law.


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