Considerazioni sulla giurisdizione extraterritoriale ai sensi dei trattati sui diritti umani

This article deals with the extraterritorial scope of human rights treaties. It examines three types of extraterritorial jurisdiction: one based on space, another on the persons involved, and the last one on extraterritorial effects of State conduct. Particular attention is paid to the third aspect, that of persons suffering detrimental effects of acts or omissions by a State in situations not involving any extraterritorial State action. This case has been the object of only limited attention so far. The author argues that, lacking spatial control and subjection to the State’s coercive power, a prerequisite for extraterritorial jurisdiction is the status of victim, which in turns requires a causal link between State conduct and its extraterritorial effects. The article considers some unresolved questions and discusses new areas of extraterritorial jurisdiction, including those emerging from Opinion n. 23/17 of the Inter-American Court of Human Rights, which recognizes the extraterritorial scope of human rights obligations related to environmental protection.