The position that the exercise

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The exercise of extraterritorial jurisdiction by a Contracting State when, through the consent, invitation or acquiescence of the Government of that territory, it exercises all or some of the public powers normally to be exercised by that Government. Thus, where, in accordance with custom, treaty or other agreement, authorities of the Contracting State carry out executive or judicial function on the territory of another State, the Contracting State may be responsible for breaches of the Convention phone number list thereby incurred, as long as the acts in question are attributable to it rather than to the territorial State. (para 135)

Uncertainty has persisted whether the exercise of ‘public powers’ is a separate and independent basis for jurisdiction under Article 1 (i.e. whether it is an autonomous model). Different interpretations have emerged. Besson, for example, considers that the ‘public power’ requirement is one of the three constitutive elements of jurisdiction in all models (including the personal model and the spatial model). This relates to her argument that the jurisdictional clause in Article 1 ECHR ‘conditions the applicability of those rights and duties on political and legal circumstances where a certain relationship exists between rights-holder and state parties’.
of ‘public powers’ is a necessary constitutive element in the spatial model of extraterritorial jurisdiction, is supported by Bankovic and Others v. Belgium and Others (para 71).