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The relationship between jurisdiction and attribution after Jaloud v. Netherlands

Rooney, Jane

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Abstract

This article argues that the European Court of Human Rights (ECtHR) in Jaloud v. Netherlands adopted an attribution test in order to establish jurisdiction under Article 1 of the European Convention on Human Rights. It argues that this would not be the first time that the ECtHR has adopted an attribution test in order to establish Article 1 jurisdiction. Furthermore, the article challenges the proposition that the ECtHR’s adoption of an attribution test to establish jurisdiction is methodologically unsound and not in conformity with international law. It proposes moving beyond this debate and considering the real challenges that an attribution test of Article 1 jurisdiction poses for the future.

Citation

Rooney, J. (2015). The relationship between jurisdiction and attribution after Jaloud v. Netherlands. Netherlands International Law Review, 62(3), 407-428. https://doi.org/10.1007/s40802-015-0041-y

Journal Article Type Article
Acceptance Date Sep 15, 2015
Online Publication Date Nov 5, 2015
Publication Date Dec 1, 2015
Deposit Date Oct 27, 2015
Publicly Available Date Nov 3, 2015
Journal Netherlands International Law Review
Print ISSN 0165-070X
Electronic ISSN 1741-6191
Publisher T.M.C Asser Press
Peer Reviewed Peer Reviewed
Volume 62
Issue 3
Pages 407-428
DOI https://doi.org/10.1007/s40802-015-0041-y
Keywords Jaloud v. Netherlands, Extraterritoriality, State responsibility, Fragmentation of international law, Military intervention.
Public URL https://durham-repository.worktribe.com/output/1427943

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Copyright Statement
© The Author(s) 2015. This article is published with open access at Springerlink.com. This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original
author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.






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