…this relentless search for eminently tangential case-law is as fruitful and fulfilling as trying to solve one crossword puzzle with the clues of another. The Court could, in my view, have started the exercise by accepting that this was judicial terra incognita, and could have worked out an organic doctrine of extra-territorial jurisdiction, untrammelled by the irrelevant and indifferent to the obfuscating.
Case of Al-Skeini and Others v. The United Kingdom, Application no. 55721/07, ECHR, Concurring opinion of Judge Bonello, para. 30.
No comments:
Post a Comment