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The relationship between jurisdiction and attribution after Jaloud v. Netherlands.

Rooney, Jane (2015) 'The relationship between jurisdiction and attribution after Jaloud v. Netherlands.', Netherlands international law review., 62 (3). pp. 407-428.

Abstract

This article argues that the European Court of Human Rights (ECtHR) in Jaloud v. Netherlands adopted an attribution test in order to establish jurisdiction under Article 1 of the European Convention on Human Rights. It argues that this would not be the first time that the ECtHR has adopted an attribution test in order to establish Article 1 jurisdiction. Furthermore, the article challenges the proposition that the ECtHR’s adoption of an attribution test to establish jurisdiction is methodologically unsound and not in conformity with international law. It proposes moving beyond this debate and considering the real challenges that an attribution test of Article 1 jurisdiction poses for the future.

Item Type:Article
Keywords:Jaloud v. Netherlands, Extraterritoriality, State responsibility, Fragmentation of international law, Military intervention.
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Status:Peer-reviewed
Publisher Web site:http://dx.doi.org/10.1007/s40802-015-0041-y
Publisher statement:© The Author(s) 2015. This article is published with open access at Springerlink.com. This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
Date accepted:15 September 2015
Date deposited:03 November 2015
Date of first online publication:05 November 2015
Date first made open access:No date available

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