Article 77: Territorial application
(2023) Preventing and Combating Violence Against Women and Domestic Violence — ISBN: [9781839107740], 824-829, submitted
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- The final provisions of an international agreement rarely attract the attention they deserve but are nevertheless extremely important as they determine crucial aspects of the instrument in which they are embedded, such as the territorial application, which in the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence ('the Istanbul Convention' or 'the Convention') is governed by Article 77. This article will describe the rules set out in the Istanbul Convention for its territorial application. This aspect of the Convention is closely linked to the question of jurisdiction, which is addressed in Article 44 of the Convention. This is underlined in the Explanatory Report accompanying the Istanbul Convention which states that, 'without prejudice to the provisions of Article 44, this Convention does not create extra-territorial obligations'. This question is not the subject-matter of this contribution and is discussed in length. It should nevertheless be highlighted that the question of the (extra-)territorial application of the Convention has been particularly contentious in some aspiring State parties like the United Kingdom which has not been able to ratify the Convention to date partly because of domestic issues related to the extra-territorial application of the Convention.
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d’Ursel, E. (2023). Article 77: Territorial application. In Sara de Vido and Micaella Fruli (ed.), Preventing and Combating Violence Against Women and Domestic Violence (pp. 824-829). Sara de Vido and Micaella Fruli. https://doi.org/10.4337/9781839107757.ch85