The European Convention on Human Rights beyond the nation-state

Article 1 ECHR delimits the applicability of the Convention. Ordinarily, individuals are considered to be within the jurisdiction of a state when they are within its territory. However, more and more state conduct affects the human rights of individuals abroad. Furthermore, states establish IOs and transfer competences to them. IOs themselves have thus become powerful actors; their conduct increasingly affects individuals. Moreover, they commonly enjoy immunity from national jurisdictions.

The present study examines whether the ECHR applies to states acting abroad; to states implementing a decision of an international organization; to states placing their organs at the disposal of an international organization; or even in situations where a decision of an international organization directly affects individuals. The primary territorial character of the ECHR needs to be reconsidered. The scope of the Convention obligations could be adapted in order to fit these new scenarios.