The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1
Source at: https://arcticreview.no/index.php/arctic/article/view/43 Article 56 of the European Convention on Human Rights is often referred to as the «colonial clause» and it has received little attention by commentators, whereas there has been extensive writing on Article 1of the Convention regardi...
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ftunivtroemsoe:oai:munin.uit.no:10037/25649 2023-05-15T13:45:59+02:00 The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 Frostad, Magne 2013-04-30 https://hdl.handle.net/10037/25649 eng eng Nordic Open Access Scholarly Publishing Arctic Review on Law and Politics https://arcticreview.no/index.php/arctic/article/view/43 Frostad M. The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1. Arctic Review on Law and Politics. 2013(1):21-42 FRIDAID 946164 1891-6252 2387-4562 https://hdl.handle.net/10037/25649 openAccess Copyright 2013 The Author(s) Journal article Tidsskriftartikkel Peer reviewed publishedVersion 2013 ftunivtroemsoe 2022-06-29T22:58:55Z Source at: https://arcticreview.no/index.php/arctic/article/view/43 Article 56 of the European Convention on Human Rights is often referred to as the «colonial clause» and it has received little attention by commentators, whereas there has been extensive writing on Article 1of the Convention regarding the extraterritorial reach of that treaty. Article 56 has nevertheless the effect of limiting the responsibility of Member States for acts and omissions of the authorities of its dependent territories, although the Member State is still responsible if it acts directly through its own metropolitan officials in such territories. By employing an example of Norway, this paper finds it unnecessary for this country to undertake obligations pursuant to Article 56 in relation to its dependent territories in and around Antarctica, since there is currently little activity there which is not already covered by the extraterritorial regime of Article 1 of the Convention. The paper additionally considers the pros and cons of extending the Convention to territories under Article 56 should future developments lead to a larger and more permanent population of these areas. Article in Journal/Newspaper Antarc* Antarctica Arctic Arctic Arctic review on law and politics University of Tromsø: Munin Open Research Archive Arctic Norway |
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University of Tromsø: Munin Open Research Archive |
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English |
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Source at: https://arcticreview.no/index.php/arctic/article/view/43 Article 56 of the European Convention on Human Rights is often referred to as the «colonial clause» and it has received little attention by commentators, whereas there has been extensive writing on Article 1of the Convention regarding the extraterritorial reach of that treaty. Article 56 has nevertheless the effect of limiting the responsibility of Member States for acts and omissions of the authorities of its dependent territories, although the Member State is still responsible if it acts directly through its own metropolitan officials in such territories. By employing an example of Norway, this paper finds it unnecessary for this country to undertake obligations pursuant to Article 56 in relation to its dependent territories in and around Antarctica, since there is currently little activity there which is not already covered by the extraterritorial regime of Article 1 of the Convention. The paper additionally considers the pros and cons of extending the Convention to territories under Article 56 should future developments lead to a larger and more permanent population of these areas. |
format |
Article in Journal/Newspaper |
author |
Frostad, Magne |
spellingShingle |
Frostad, Magne The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 |
author_facet |
Frostad, Magne |
author_sort |
Frostad, Magne |
title |
The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 |
title_short |
The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 |
title_full |
The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 |
title_fullStr |
The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 |
title_full_unstemmed |
The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1 |
title_sort |
“colonial clause” and extraterritorial application of human rights: the european convention on human rights article 56 and its relationship to article 1 |
publisher |
Nordic Open Access Scholarly Publishing |
publishDate |
2013 |
url |
https://hdl.handle.net/10037/25649 |
geographic |
Arctic Norway |
geographic_facet |
Arctic Norway |
genre |
Antarc* Antarctica Arctic Arctic Arctic review on law and politics |
genre_facet |
Antarc* Antarctica Arctic Arctic Arctic review on law and politics |
op_relation |
Arctic Review on Law and Politics https://arcticreview.no/index.php/arctic/article/view/43 Frostad M. The “Colonial Clause” and Extraterritorial Application of Human Rights: The European Convention on Human Rights Article 56 and its Relationship to Article 1. Arctic Review on Law and Politics. 2013(1):21-42 FRIDAID 946164 1891-6252 2387-4562 https://hdl.handle.net/10037/25649 |
op_rights |
openAccess Copyright 2013 The Author(s) |
_version_ |
1766234680660590592 |