Extraterritorial Application of Human Rights in Cyberspace. Due Diligence Obligations
Extraterritorial Application of Human Rights in Cyberspace. Due Diligence Obligations
Author(s): Smaranda-Georgiana AzamfireiSubject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Asociația română de drept internațional și relații internaționale
Keywords: extraterritorial application of human rights; extraterritorial jurisdiction; due diligence obligations; State’s responsibility;
Summary/Abstract: The extension of a State’s jurisdiction beyond its territory generates consequences with respect to the content of the obligations under international human rights law. This article aims to examine the criteria that can be transposed to cyberspace for the purpose of establishing extraterritorial jurisdiction, and, from the perspective of the obligations of States, it will analyze both the primary obligations of the State- including due diligence obligations- and the subsidiary obligations of the foreign State in ensuring the protection of persons and their property.
Journal: Revista română de drept internațional
- Issue Year: 2025
- Issue No: 33
- Page Range: 52-64
- Page Count: 14
- Language: English
