Extraterritorialities In Occupied Worlds

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Extraterritorialities in Occupied Worlds

Exterritory Project
Extraterritorialities in Occupied Worlds Book PDF

Author : Exterritory Project
Publisher : punctum books
Page : 484 pages
File Size : 40,9 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.

Visual Evidence and the Gaza Flotilla Raid

Maayan Amir
Visual Evidence and the Gaza Flotilla Raid Book PDF

Author : Maayan Amir
Publisher : Bloomsbury Publishing
Page : 217 pages
File Size : 49,5 Mb
Release : 2022-01-13
Category : History
ISBN : 9780755627295

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Visual Evidence and the Gaza Flotilla Raid by Maayan Amir Pdf

This book engages with pivotal examples of extraterritoriality-from Antiquity and into the twenty first century-in order to broaden the original judicial and geographical definition and thereby include physical and digitized information, and visual data in particular. By focusing on a critical incident of recent Middle Eastern history-namely,the Gaza Freedom Flotilla of 2010 which sailed against Israel's enduring blockade-it shows how the device of extraterritoriality shapes not only the political situation in Gaza, the legal status of the maritime environment in which the flotilla incident took place, and the judicial actions taken in response but also reveals how the concept of extraterritoriality is key to explaining the State's subsequent efforts to confiscate and monopolize all visual evidence of its alleged violations of international statutes. Through the lens of the missing visual evidence characterizing the Mavi Marmara incident after-effects, it explores how the legal system's ability to evade transparency seems to be a built-in condition for eluding criminal accountability at the international level, with the emphasis on extraterritoriality's fundamental role in fashioning our current legal and political orders.

The Extraterritoriality of Law

Daniel S. Margolies,Umut Özsu,Maïa Pal,Ntina Tzouvala
The Extraterritoriality of Law Book PDF

Author : Daniel S. Margolies,Umut Özsu,Maïa Pal,Ntina Tzouvala
Publisher : Routledge
Page : 357 pages
File Size : 41,9 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.

Global Justice, State Duties

Malcolm Langford
Global Justice State Duties Book PDF

Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 497 pages
File Size : 47,6 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.

Extraterritoriality

Fan Victor Fan
Extraterritoriality Book PDF

Author : Fan Victor Fan
Publisher : Edinburgh University Press
Page : 485 pages
File Size : 47,6 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.

Legal Imperialism

Turan Kayaoğlu
Legal Imperialism Book PDF

Author : Turan Kayaoğlu
Publisher : Cambridge University Press
Page : 247 pages
File Size : 40,7 Mb
Release : 2010-04-19
Category : Law
ISBN : 9780521765916

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Legal Imperialism by Turan Kayaoğlu Pdf

Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic coutries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. He also provides an explanation for the end of imperial extraterritoriality, arguing that the Western decision to abolish their separate legal systems stemmed from changes in non-Western territories, including Meiji legal reforms, Republican Turkey's legal transformation under Ataturk, and the Guomindang's legal reorganization in China. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.

Extraterritorial

Matthew Hart
Extraterritorial Book PDF

Author : Matthew Hart
Publisher : Columbia University Press
Page : 184 pages
File Size : 53,6 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.

Extraterritorial Application of Human Rights Treaties

Marko Milanovic
Extraterritorial Application of Human Rights Treaties Book PDF

Author : Marko Milanovic
Publisher : OUP Oxford
Page : 301 pages
File Size : 52,9 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.

The Use of Armed Force in Occupied Territory

Marco Longobardo
The Use of Armed Force in Occupied Territory Book PDF

Author : Marco Longobardo
Publisher : Cambridge University Press
Page : 351 pages
File Size : 54,5 Mb
Release : 2018-10-18
Category : History
ISBN : 9781108473415

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The Use of Armed Force in Occupied Territory by Marco Longobardo Pdf

Explores the use of armed force in occupied territory under different international law branches.

Dwelling in the World

Elizabeth LaCouture
Dwelling in the World Book PDF

Author : Elizabeth LaCouture
Publisher : Columbia University Press
Page : 211 pages
File Size : 49,6 Mb
Release : 2021-08-10
Category : History
ISBN : 9780231543798

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Dwelling in the World by Elizabeth LaCouture Pdf

By the early twentieth century, Chinese residents of the northern treaty-port city of Tianjin were dwelling in the world. Divided by nine foreign concessions, Tianjin was one of the world’s most colonized and cosmopolitan cities. Residents could circle the globe in an afternoon, strolling from a Chinese courtyard house through a Japanese garden past a French Beaux-Arts bank to dine at a German café and fall asleep in a British garden city-style semi-attached brick house. Dwelling in the World considers family, house, and home in Tianjin to explore how tempos and structures of everyday life changed with the fall of the Qing Empire and the rise of a colonized city. Elizabeth LaCouture argues that the intimate ideas and practices of the modern home were more important in shaping the gender and status identities of Tianjin’s urban elites than the new public ideology of the nation. Placing the Chinese home in a global context, she challenges Euro-American historical notions that the private sphere emerged from industrialization. She argues that concepts of individual property rights that emerged during the Republican era became foundational to state-society relations in early Communist housing reforms and in today’s middle-class real estate boom. Drawing on diverse sources from municipal archives, women’s magazines, and architectural field work to social surveys and colonial records, Dwelling in the World recasts Chinese social and cultural history, offering new perspectives on gender and class, colonialism and empire, visual and material culture, and technology and everyday life.

The Human Right to Water and its Application in the Occupied Palestinian Territories

Amanda Cahill Ripley
The Human Right to Water and its Application in the Occupied Palestinian Territories Book PDF

Author : Amanda Cahill Ripley
Publisher : Taylor & Francis
Page : 236 pages
File Size : 44,8 Mb
Release : 2011-04-11
Category : Law
ISBN : 9781136804311

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The Human Right to Water and its Application in the Occupied Palestinian Territories by Amanda Cahill Ripley Pdf

The Human Right to Water and Its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, Jul 28 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, and movement within the NGO community for an international water treaty. Amanda Cahill Ripley analyses the current legal status, substantive content, and obligations correlative to the right, and examines the relationship between other economic, social and cultural rights related to the right to water. The book goes on to look more specifically at the application of the human right to water in the Occupied Palestinian Territories. Using innovative methodology, Cahill Ripley combines legal analysis with a qualitative social science empirical case study to explore the enjoyment of the right ‘on the ground’. The wider implications of the case study findings are then considered, looking at what can be done to strengthen the right legally in terms of its status and codification, and what remedy can be found for violations of the right, both specifically in the Occupied Palestinian Territories and in a more general context. The book will be of interest to students, academics and practitioners within the fields of international human rights law and international humanitarian law, as well as those concerned with international relations and conflict resolution within Israel/Palestine and the wider Middle East region.

The International Law of Belligerent Occupation

Yoram Dinstein
The International Law of Belligerent Occupation Book PDF

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 336 pages
File Size : 43,8 Mb
Release : 2009-02-19
Category : History
ISBN : 9780521896375

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The International Law of Belligerent Occupation by Yoram Dinstein Pdf

The customary law of belligerent occupation goes back to the Hague and Geneva Conventions. Recent instances of such occupation include Iraq, the former Yugoslavia, the Congo and Eritrea. But the paradigmatic illustration is the Israeli occupation, lasting for over 40 years. There is now case law of the International Court of Justice and other judicial bodies, both international and domestic. There are Security Council resolutions and a vast literature. Still, numerous controversial points remain. How is belligerent occupation defined? How is it started and when is it terminated? What is the interaction with human rights law? Who is protected under belligerent occupation, and what is the scope of the protection? Conversely, what measures can an occupying power lawfully resort to when encountering forcible resistance from inhabitants of the occupied territory? This book examines the legislative, judicial and executive rights of the occupying power and its obligations to the civilian population.

German-occupied Europe in the Second World War

Raffael Scheck,Fabien Théofilakis,Julia Torrie
German occupied Europe in the Second World War Book PDF

Author : Raffael Scheck,Fabien Théofilakis,Julia Torrie
Publisher : Routledge
Page : 264 pages
File Size : 47,7 Mb
Release : 2019-03-04
Category : History
ISBN : 9781351385886

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German-occupied Europe in the Second World War by Raffael Scheck,Fabien Théofilakis,Julia Torrie Pdf

Inspired by recent works on Nazi empire, this book provides a framework to guide occupation research with a broad comparative angle focusing on human interactions. Overcoming national compartmentalization, it examines Nazi occupations with attention to relations between occupiers and local populations and differences among occupation regimes. This is a timely book which engages in historical and current conversations on European nationalisms and the rise of right-wing populisms.

Revisiting the Law of Occupation

Hanne Cuyckens
Revisiting the Law of Occupation Book PDF

Author : Hanne Cuyckens
Publisher : BRILL
Page : 298 pages
File Size : 48,9 Mb
Release : 2017-10-30
Category : Law
ISBN : 9789004353978

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Revisiting the Law of Occupation by Hanne Cuyckens Pdf

In 'Revisiting the Law of Occupation', Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.

The Philosophical Foundations of Extraterritorial Punishment

Alejandro Chehtman
The Philosophical Foundations of Extraterritorial Punishment Book PDF

Author : Alejandro Chehtman
Publisher : Oxford University Press
Page : 203 pages
File Size : 50,9 Mb
Release : 2010-12-09
Category : Law
ISBN : 9780199603404

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The Philosophical Foundations of Extraterritorial Punishment by Alejandro Chehtman Pdf

1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.