ABSTRACT
The intention of the third part of the book is to transpose its justificatory theory of extraterritorial human rights obligations to the level of legal practice, i.e., to indicate how these ethically oriented reflections could be transposed to the legal level. The universalist starting point developed as part of the justificatory theory can only serve as an approximation—for such a theory to be practicable, it must be qualified and refined into a legally workable solution to the concrete legal problem addressed. This project hinges on the relation between morality and law, which is explicated in this chapter. It is based on the background assumption that normative reasoning is of particular pertinence to and should substantially inform the conceptualization of human rights law and, accordingly, of central concepts that regulate its applicability, such as ‘jurisdiction’ in international human rights law.
