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11 - Territorial application

Anthony Aust
Affiliation:
University of London
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Summary

It comes with the territory.

Because of its very nature, in order to be effective a treaty like the Charter of the United Nations has to apply to all the territory of the parties. Other treaties will, by their terms, identify explicitly or by necessary implication the territory of the parties to which they relate. Some treaties clearly apply to the activities of a party or its nationals outside its territory. A party to the Antarctic Treaty 1959, which applies to the area south of 60° south latitude, is required to apply the Treaty to its nationals in that area. But even that Treaty and its sister treaties, as well as many other treaties, have to have legal force also in the metropolitan territory of the parties. The Antarctic Treaty Environmental Protocol 1991 applies to the Antarctic Treaty area, but requires controls over the organisation of Antarctic expeditions to be exercised in the territory of a party. The European Convention on Human Rights 1950 protects the rights of everyone within the territory of a party or ‘subject to its jurisdiction’, thus including persons who are not nationals of the party but are within its jurisdiction, including under the control of its armed forces abroad, in one of its embassies or consulates, ships flying its flag or aircraft registered with it. In fact, all treaties will require some action within the territory of the parties, though not always legislation.

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Publisher: Cambridge University Press
Print publication year: 2007

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  • Territorial application
  • Anthony Aust, University of London
  • Book: Modern Treaty Law and Practice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511811517.016
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  • Territorial application
  • Anthony Aust, University of London
  • Book: Modern Treaty Law and Practice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511811517.016
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Territorial application
  • Anthony Aust, University of London
  • Book: Modern Treaty Law and Practice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511811517.016
Available formats
×