Abstract

Abstract This chapter addresses two crucial issues extraterritoriality presents—particularly when socioeconomic rights are taken into account. In order to identify extraterritorial human rights obligations we need to know why states are the primary duty bearers of international human rights law and which state owes international legal human rights obligations to which individuals. That is, we need to allocate the burdens that go along with human rights obligations and we need to justify this allocation. To do this, this chapter considers the Hohfeldian structure of rights, analyses accounts of justifying human rights, and argues that an interpretivist account of international human rights law as a normative context is the best way forward.

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