Are all fundamental rights justiciable extra-territorially?

Most share the opinion that the challenges that we are called to address today have a transnational dimension that is shedding a clear light on the limitations of national constitutional orders. What appears to be less clear, however, is the role that national constitutions may play to preserve fundamental rights, even beyond national borders. As the BVerfG suggested, it is conceivable that duties of protection that arise from fundamental rights also place the State under an obligation vis-à-vis complainants who live outside the national territory and who have no citizenship links. If this is the case, then fundamental rights enshrined in national constitutions have an extraterritorial dimension, which needs to be guaranteed by the State and can be preserved by the constitutional court. The problem, however, is to define which fundamental rights may produce binding effects outside the national territory, and, subsequently, which fundamental rights are justiciable under this view.