ABSTRACT

The first part of the book (Chapters 2–5) is devoted to the legal standing of extraterritorial human rights obligations, analyzing specific examples of legal systems at different levels. These examples serve to illustrate both the variety of challenges arising in extraterritorial situations and the judicial difficulties in addressing them in a cogent manner. The three-level approach underlines the topicality of the extraterritoriality question, which prompts foundational questions at different legal levels and within a variety of legal regimes. In Chapter 2, it does so by a brief look at the Constitutions of Switzerland and case law in Germany, and then a more detailed look at the extraterritorial applicability of constitutional rights in the United States.