In considering questions of 'effective control' the House of Lords has adopted the narrow construction of the phrase 'within the jurisdiction' formerly applied by the European Court of Human Rights1, noting the essentially territorial notion of jurisdiction under the European Convention on Human Rights2. Their Lordships held that liability for acts taking effect or taking place outside the territory of a member state is exceptional and requires special justification3, and that extra-territorial jurisdiction must be restricted since it necessarily amounts to a diminution or invasion of the territorial jurisdiction of another state
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234