Economic and Political Aspects of Extraterritoriality
Author | : Kenneth W. Dam |
Publisher | : |
Total Pages | : 4 |
Release | : 1985 |
Genre | : Exterritoriality |
ISBN | : |
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Author | : Kenneth W. Dam |
Publisher | : |
Total Pages | : 4 |
Release | : 1985 |
Genre | : Exterritoriality |
ISBN | : |
Author | : Exterritory Project |
Publisher | : punctum books |
Total Pages | : 484 |
Release | : 2016 |
Genre | : Literary Criticism |
ISBN | : 0692629432 |
"The concept of extraterritoriality designates certain relationships between space, law, and representation. This collection of essays explores contemporary manifestations of extraterritoriality and the diverse ways in which the concept has been put to use in various disciplines. Some of the essays were written especially for this volume; others are brought here together for the first time. The inquiry into extraterritoriality found in these essays is not confined to the established boundaries of political, conceptual, and representational territories or fields of knowledge; rather, it is an invitation to navigate the margins of the legal-juridical and the political, but also the edges of forms of representation and poetics.Within its accepted legal and political contexts, the concept of extraterritoriality has traditionally been applied to people and to spaces. In the first case, extraterritorial arrangements could either exclude or exempt an individual or a group of people from the territorial jurisdiction in which they were physically located; in the second, such arrangements could exempt or exclude a space from the territorial jurisdiction by which it was surrounded. The special status accorded to people and spaces had political, economic, and juridical implications, ranging from immunity and various privileges to extreme disadvantages. In both cases, a person or a space physically included within a certain territory was removed from the usual system of laws and subjected to another. In other words, the extraterritorial person or space was held at what could be described as a legal distance. (In this respect, the concept of extraterritoriality presupposes the existence of several competing or overlapping legal systems.) It is this notion of being held at a legal distance around which the concept of extraterritoriality may be understood as revolving.
Author | : Daniel S. Margolies |
Publisher | : Routledge |
Total Pages | : 357 |
Release | : 2019-03-22 |
Genre | : Law |
ISBN | : 1351231979 |
Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.
Author | : Beaucillon, Charlotte |
Publisher | : Edward Elgar Publishing |
Total Pages | : 512 |
Release | : 2021-08-27 |
Genre | : Law |
ISBN | : 1839107855 |
Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.
Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 497 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107012775 |
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author | : Matthew Hart |
Publisher | : Columbia University Press |
Total Pages | : 184 |
Release | : 2020-08-25 |
Genre | : Literary Criticism |
ISBN | : 0231547803 |
The future of fiction is neither global nor national. Instead, Matthew Hart argues, it is trending extraterritorial. Extraterritorial spaces fall outside of national borders but enhance state power. They cut across geography and history but do not point the way to a borderless new world. They range from the United Nations headquarters and international waters to CIA black sites and the departure zones at international airports. The political geography of the present, Hart shows, has come to resemble a patchwork of such spaces. Hart reveals extraterritoriality’s centrality to twenty-first-century art and fiction. He shows how extraterritorial fictions expose the way states construct “global” space in their own interests. Extraterritorial novels teach us not to mistake cracks or gradations in political geography for a crisis of the state. Hart demonstrates how the unstable character of many twenty-first-century aesthetic forms can be traced to the increasingly extraterritorial nature of contemporary political geography. Discussing writers such as Margaret Atwood, J. G. Ballard, Amitav Ghosh, Chang-rae Lee, Hilary Mantel, and China Miéville, as well as artists like Hito Steyerl and Mark Wallinger, Hart combines lively critical readings of contemporary novels with historical and theoretical discussions about sovereignty, globalization, cosmopolitanism, and postcolonialism. Extraterritorial presents a new theory of literature that explains what happens when dreams of an open, connected world confront the reality of mobile, elastic, and tenacious borders.
Author | : Cedric Ryngaert |
Publisher | : |
Total Pages | : 273 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author | : Ireland-Piper, Danielle |
Publisher | : Edward Elgar Publishing |
Total Pages | : 168 |
Release | : 2021-07-31 |
Genre | : Law |
ISBN | : 1788976665 |
Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
Author | : Tonya L. Putnam |
Publisher | : Cambridge University Press |
Total Pages | : 331 |
Release | : 2016-08-04 |
Genre | : Law |
ISBN | : 1107137098 |
This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.
Author | : Branislav Hock |
Publisher | : Routledge |
Total Pages | : 289 |
Release | : 2019-09-11 |
Genre | : Business & Economics |
ISBN | : 0429665482 |
The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.