Extraterritorial

Author : Matthew Hart
Publisher : Columbia University Press
Page : 184 pages
File Size : 48,7 Mb
Release : 2020-08-25
Category : Literary Criticism
ISBN : 9780231547802

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Extraterritorial by Matthew Hart Pdf

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 : Daniel S. Margolies,Umut Özsu,Maïa Pal,Ntina Tzouvala
Publisher : Routledge
Page : 357 pages
File Size : 53,9 Mb
Release : 2019-03-22
Category : Law
ISBN : 9781351231978

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The Extraterritoriality of Law by Daniel S. Margolies,Umut Özsu,Maïa Pal,Ntina Tzouvala Pdf

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 : Marko Milanovic
Publisher : OUP Oxford
Page : 301 pages
File Size : 42,8 Mb
Release : 2013-03-28
Category : Law
ISBN : 9780191504808

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Extraterritorial Application of Human Rights Treaties by Marko Milanovic Pdf

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

Author : Mark Gibney,Gamze Erdem Türkelli,Markus Krajewski,Wouter Vandenhole
Publisher : Routledge
Page : 500 pages
File Size : 55,5 Mb
Release : 2021-12-24
Category : Political Science
ISBN : 9781000466133

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The Routledge Handbook on Extraterritorial Human Rights Obligations by Mark Gibney,Gamze Erdem Türkelli,Markus Krajewski,Wouter Vandenhole Pdf

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Author : Exterritory Project
Publisher : punctum books
Page : 484 pages
File Size : 52,7 Mb
Release : 2016
Category : Literary Criticism
ISBN : 9780692629437

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Extraterritorialities in Occupied Worlds by Exterritory Project Pdf

"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 : Danielle Ireland-Piper
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 43,5 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781786431783

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Accountability in Extraterritoriality by Danielle Ireland-Piper Pdf

Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.

Author : A L C De Mestral,T Gruchalla-Wesierski
Publisher : Martinus Nijhoff Publishers
Page : 288 pages
File Size : 54,8 Mb
Release : 2024-02-19
Category : Law
ISBN : 9789004641402

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Extraterritorial Application of Export Control Legislation by A L C De Mestral,T Gruchalla-Wesierski Pdf

Author : Fons Coomans,Menno T. Kamminga
Publisher : Intersentia nv
Page : 295 pages
File Size : 53,7 Mb
Release : 2004
Category : Exterritoriality
ISBN : 9789050953948

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Extraterritorial Application of Human Rights Treaties by Fons Coomans,Menno T. Kamminga Pdf

"Whether as a result of the war on terrorism, foreign military intervention, economic globalisation or otherwise, state conduct increasingly affects the human rights of individuals beyond its own borders ... This book focuses on the extraterritorial application of four key human rights treaties: the two UN Covenants on Human Rights and the American and European Conventions on Human Rights. It points out inconsistencies in the practice of the supervisory bodies of these treaties and discusses the pros and cons of both a restrictive and an expansive approach."--Back cover.

Author : Karl Matthias Meessen
Publisher : Martinus Nijhoff Publishers
Page : 294 pages
File Size : 48,5 Mb
Release : 1996-08-06
Category : Law
ISBN : 9041108998

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Extraterritorial Jurisdiction in Theory and Practice by Karl Matthias Meessen Pdf

This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. "Audience: " Civil servants, practising lawyers and academics in the field of international public law and private international law.

Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 497 pages
File Size : 53,6 Mb
Release : 2013
Category : Law
ISBN : 9781107012776

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Global Justice, State Duties by Malcolm Langford Pdf

Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.

Author : Fan Victor Fan
Publisher : Edinburgh University Press
Page : 485 pages
File Size : 43,6 Mb
Release : 2019-07-17
Category : History
ISBN : 9781474440455

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Extraterritoriality by Fan Victor Fan Pdf

Examining how Hong Kong filmmakers, spectators and critics wrestled with this perturbation between the Leftist Riots (1967) and the aftermath of the Umbrella Movement (2014), this book traces how Hong Kong's extraterritoriality has been framed: in its position of being doubly occupied and doubly abandoned by contesting juridical, political, linguistic and cultural forces. Extraterritoriality scrutinises creative works in mainstream cinema, independent films, television, video artworks and documentaries - especially those by marginalised artists - actively rewriting and reconfiguring how Hong Kong cinema and media are to be defined and located.

Author : Noam Lubell
Publisher : OUP Oxford
Page : 320 pages
File Size : 55,6 Mb
Release : 2010-05-27
Category : Law
ISBN : 9780191029738

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Extraterritorial Use of Force Against Non-State Actors by Noam Lubell Pdf

This book analyses the primary relevant rules of international law applicable to extra-territorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the 'war on terror', but are not limited to this context. Three frameworks of international law are examined in detail. These are the United Nations Charter and framework of international law regulating the resort to force in the territory of other states; the law of armed conflict, often referred to as international humanitarian law; and the law enforcement framework found in international human rights law. The book examines the applicability of these frameworks to extra-territorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence; the lawfulness of measures which do not conform to the parameters of self-defence; the classification of extra-territorial force against non-state actors as armed conflict; the 'war on terror' as an armed conflict; the laws of armed conflict regulating force against groups and individuals; the extra-territorial applicability of international human rights law; and the regulation of forcible measures under human rights law. Many of these issues are the subject of ongoing and longstanding debate. The focus in this work is on the particular challenges raised by extra-territorial force against non-state actors and the book offers a number of solutions to these challenges.

Author : Bernhard Ryan,Valsamis Mitsilegas
Publisher : BRILL
Page : 460 pages
File Size : 47,6 Mb
Release : 2010
Category : Law
ISBN : 9789004172333

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Extraterritorial Immigration Control by Bernhard Ryan,Valsamis Mitsilegas Pdf

This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.

Author : Karen da Costa
Publisher : Martinus Nijhoff Publishers
Page : 334 pages
File Size : 49,8 Mb
Release : 2012-10-12
Category : Political Science
ISBN : 9789004227187

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The Extraterritorial Application of Selected Human Rights Treaties by Karen da Costa Pdf

In recent years, the question of whether and to what extent states are bound by human rights treaty obligations when they act abroad has given rise to considerable debate in academic circles, courtrooms and military operations. Focusing on treaties considerably jeopardized during the ‘war on terror’, namely the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the Convention against Torture,The Extraterritorial Application of Selected Human Rights Treaties takes stock of the key developments informing the discussion to date. Together with the wording of treaties, critical analysis is made of the ensuing interpretation of treaty provisions by monitoring bodies and states parties. A way forward in this debate is suggested, accommodating conflicting interests while preserving the effective protection of basic rights.

Author : Takele Soboka Bulto
Publisher : Cambridge University Press
Page : 325 pages
File Size : 47,6 Mb
Release : 2014
Category : Law
ISBN : 9781107031081

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The Extraterritorial Application of the Human Right to Water in Africa by Takele Soboka Bulto Pdf

Argues that international human rights and water laws provide legal bases for the right to water and its extraterritorial application.