Abstract
The paper introduces the theme and topics of this Special Issue on the extraterritoriality of EU law and human rights in the fields of trade and public procurement since the entry into force of the 2009 Treaty of Lisbon. It briefly explores the meaning of extraterritoriality in international (human rights) law and the EU legal order highlighting the complexity of such notion in both legal systems. In so doing, it provides the context and focus of analysis of the collection of papers that make up this Special Issue, which addresses a number of topical questions concerning the extraterritorial conduct of the EU, as well as the extraterritorial effects of EU law in those specific fields, from the perspective of human rights.
Highlights
This Special Issue comprises selected papers presented at a two-day workshop on the theme of extraterritoriality, human rights and the European Union (EU) after the entry into force of the 2009 Treaty of Lisbon, held at the University of Sussex School of Law in July 2017 with the participation of EU law and international human rights law scholars and practitioners from the United Kingdom (UK) and Europe.1 The workshop explored a variety of questions concerning, inter alia, the human rights obligations of the EU in relation to its external action, the justiciability within the EU order of extraterritorial human rights violations, the extraterritorial conduct of the EU, and the reach of its policies and laws from the perspectives of international and EU law
This Special Issue does not intend to provide a comprehensive account of the issues raised by extraterritoriality, human rights and the EU but rather, and more modestly, the aim is to contribute to the debate on the extraterritorial effects produced by the laws and conduct of the EU, while recognising that there is space, and need, for further and more systematic research in this area
In the sections that follow, we provide an overview of the legal framework from the perspective of international human rights law and the EU legal order
Summary
This Special Issue comprises selected papers presented at a two-day workshop on the theme of extraterritoriality, human rights and the European Union (EU) after the entry into force of the 2009 Treaty of Lisbon, held at the University of Sussex School of Law in July 2017 with the participation of EU law and international human rights law scholars and practitioners from the United Kingdom (UK) and Europe. The workshop explored a variety of questions concerning, inter alia, the human rights obligations of the EU in relation to its external action, the justiciability within the EU order of extraterritorial human rights violations, the extraterritorial conduct of the EU, and the reach of its policies and laws from the perspectives of international and EU law. The condition for establishing extraterritorial jurisdiction is that the state be found to exercise effective control over a person or a territory, that is, over the situation raising concerns from the perspective of human rights law. In a sense, this is tantamount to establishing that a state has an obligation under international human rights law to respect or protect human rights outside its borders. A related and complex question concerns the legal standing of private applicants under Article 263 TFEU and, in particular, individuals in third countries affected by the extraterritorial effects of EU legislation or, more generally, conduct Can they challenge the legality of the measures/laws affecting their human rights? While it is certain that the extraterritorial effects of EU law and the extraterritorial conduct of the EU may have redistributive implications and an important impact on human rights, identifying and understanding the exact contours of these effects and implications poses a significant challenge
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