135. Domestic application of European jurisprudence on effective control and attribution.

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