@article{2024:khne:wellmeant,
title = {Well-Meant Is not Well-Done: The UN Treaty Bodies’ Approach to the Extraterritoriality of Human Rights},
year = {2024},
note = {In the absence of a universal human rights court, the individual
communications before the United Nations (UN) treaty bodies allow for
a low-threshold ‘court-like’ and, therefore, indispensable
complaint mechanism for individuals. Notably surpassing national
courts and regional mechanisms in their progressive interpretation of
law, these bodies play a crucial role in expanding the
extraterritorial application of human rights treaties, a stance that
has sparked scholarly controversy. This article questions whether this
progressive ‘adjudication’ practice by the treaty bodies is
advisable. It argues that UN treaty body decisions show a pattern in
their line of argumentation that has rightly been put under academic
scrutiny and that the effects of this methodological inadequacy extend
beyond academia, adversely affecting the legitimacy and practical
implementation of their decisions.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {499--524},
author = {Köhne, Lea},
volume = {84},
number = {3}
}