Extraterritoriality

Author : Matthew Hart
Publisher : Columbia University Press
Page : 184 pages
File Size : 54,6 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.

Author : Daniel S. Margolies,Umut Özsu,Maïa Pal,Ntina Tzouvala
Publisher : Routledge
Page : 357 pages
File Size : 52,6 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 : Danielle Ireland-Piper
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 52,6 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 : Exterritory Project
Publisher : punctum books
Page : 484 pages
File Size : 40,5 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 : Marko Milanovic
Publisher : OUP Oxford
Page : 301 pages
File Size : 44,5 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 : Ireland-Piper, Danielle
Publisher : Edward Elgar Publishing
Page : 168 pages
File Size : 42,9 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781788976664

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Extraterritoriality in East Asia by Ireland-Piper, Danielle Pdf

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 : Fan Victor Fan
Publisher : Edinburgh University Press
Page : 485 pages
File Size : 40,9 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 : Nuno Cunha Rodrigues
Publisher : Springer Nature
Page : 379 pages
File Size : 41,9 Mb
Release : 2021-10-28
Category : Law
ISBN : 9783030822910

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Extraterritoriality of EU Economic Law by Nuno Cunha Rodrigues Pdf

This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.

Author : Victor Fan
Publisher : Edinburgh University Press
Page : 360 pages
File Size : 42,5 Mb
Release : 2019-07-17
Category : History
ISBN : 9781474440448

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Extraterritoriality by 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 : Lea Raible
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 41,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9780198863373

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Human Rights Unbound by Lea Raible Pdf

This book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.

Author : United States. Department of State
Publisher : Unknown
Page : 260 pages
File Size : 51,5 Mb
Release : 1882
Category : Exterritoriality
ISBN : HARVARD:32044019030493

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Extraterritoriality by United States. Department of State Pdf

Author : Austen Parrish,Cedric Ryngaert
Publisher : Edward Elgar Publishing
Page : 519 pages
File Size : 45,9 Mb
Release : 2023-08-14
Category : Political Science
ISBN : 9781800885592

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Research Handbook on Extraterritoriality in International Law by Austen Parrish,Cedric Ryngaert Pdf

By engaging with the ongoing discussion surrounding the scope of cross-border regulation, this expansive Research Handbook provides the reader with key insights into the concept of extraterritoriality. It offers an incisive overview and analysis of one of the most critical components of global governance.

Author : Natalie L Dobson
Publisher : Bloomsbury Publishing
Page : 311 pages
File Size : 51,9 Mb
Release : 2021-09-23
Category : Law
ISBN : 9781509935833

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Extraterritoriality and Climate Change Jurisdiction by Natalie L Dobson Pdf

This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.

Author : Branislav Hock
Publisher : Routledge
Page : 262 pages
File Size : 41,9 Mb
Release : 2019-09-11
Category : Business & Economics
ISBN : 9780429662768

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Extraterritoriality and International Bribery by Branislav Hock Pdf

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.

Author : United Nations Conference on Trade and Development (UNCTAD)
Publisher : Unknown
Page : 21 pages
File Size : 55,7 Mb
Release : 2022-02-09
Category : Political Science
ISBN : 9789210010771

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Developing Countries’ Experience With Extraterritoriality in Competition Law by United Nations Conference on Trade and Development (UNCTAD) Pdf

This publication addresses the question of extraterritoriality (extraterritorial jurisdiction) in the area of competition law. It examines whether or not domestic competition legislation applies to foreign entities that may not be present in the forum, but whose conduct harms or may harm local consumers or producers. It also analyzes existing enforcement track record and hurdles involved in such cases. Transnational conduct can take the form of price-fixing among foreign producers, an abuse of dominant position, or a merger between foreign firms.