The Extraterritoriality Of Law

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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 : 46,8 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.

Accountability in Extraterritoriality

Danielle Ireland-Piper
Accountability in Extraterritoriality Book PDF

Author : Danielle Ireland-Piper
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 42,6 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.

Extraterritorial Jurisdiction in Theory and Practice

Karl Matthias Meessen
Extraterritorial Jurisdiction in Theory and Practice Book PDF

Author : Karl Matthias Meessen
Publisher : Martinus Nijhoff Publishers
Page : 294 pages
File Size : 41,7 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.

Extraterritorialities in Occupied Worlds

Exterritory Project
Extraterritorialities in Occupied Worlds Book PDF

Author : Exterritory Project
Publisher : punctum books
Page : 484 pages
File Size : 52,6 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.

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 : 40,8 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.

Global Justice, State Duties

Malcolm Langford
Global Justice State Duties Book PDF

Author : Malcolm Langford
Publisher : Cambridge University Press
Page : 497 pages
File Size : 51,8 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 of EU Economic Law

Nuno Cunha Rodrigues
Extraterritoriality of EU Economic Law Book PDF

Author : Nuno Cunha Rodrigues
Publisher : Springer Nature
Page : 379 pages
File Size : 54,9 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.

Law Across Borders

Paul Arnell
Law Across Borders Book PDF

Author : Paul Arnell
Publisher : Routledge
Page : 205 pages
File Size : 49,5 Mb
Release : 2012-03-15
Category : Law
ISBN : 9781136575198

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Law Across Borders by Paul Arnell Pdf

This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author’s analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text.

Eu Law Beyond Eu Borders

Marise Cremona,Joanne Scott
Eu Law Beyond Eu Borders Book PDF

Author : Marise Cremona,Joanne Scott
Publisher : Unknown
Page : 263 pages
File Size : 54,6 Mb
Release : 2019-05-03
Category : Electronic
ISBN : 9780198842170

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Eu Law Beyond Eu Borders by Marise Cremona,Joanne Scott Pdf

This book analyses the impact of EU law beyond its borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The 'global reach' of EU law is examined in policy areas of the environment, the internet and data protection, banking and financial markets, competition policy and migration.

Legal Imperialism

Turan Kayaoğlu
Legal Imperialism Book PDF

Author : Turan Kayaoğlu
Publisher : Cambridge University Press
Page : 247 pages
File Size : 55,9 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.

Research Handbook on Extraterritoriality in International Law

Austen Parrish,Cedric Ryngaert
Research Handbook on Extraterritoriality in International Law Book PDF

Author : Austen Parrish,Cedric Ryngaert
Publisher : Edward Elgar Publishing
Page : 519 pages
File Size : 49,6 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.

Extraterritoriality in East Asia

Ireland-Piper, Danielle
Extraterritoriality in East Asia Book PDF

Author : Ireland-Piper, Danielle
Publisher : Edward Elgar Publishing
Page : 168 pages
File Size : 52,5 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.

Jurisdiction in International Law

Cedric Ryngaert
Jurisdiction in International Law Book PDF

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 40,8 Mb
Release : 2015
Category : Law
ISBN : 9780199688517

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Jurisdiction in International Law by Cedric Ryngaert Pdf

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.

Courts without Borders

Tonya L. Putnam
Courts without Borders Book PDF

Author : Tonya L. Putnam
Publisher : Cambridge University Press
Page : 331 pages
File Size : 43,8 Mb
Release : 2016-08-04
Category : Law
ISBN : 9781107137097

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Courts without Borders by Tonya L. Putnam Pdf

This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.

Jurisdiction in International Law

Cedric Ryngaert
Jurisdiction in International Law Book PDF

Author : Cedric Ryngaert
Publisher : Oxford University Press, USA
Page : 267 pages
File Size : 50,5 Mb
Release : 2008-10-02
Category : Law
ISBN : 9780199544714

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Jurisdiction in International Law by Cedric Ryngaert Pdf

Introduction -- Public international law approaches to jurisdiction -- The territoriality principle -- The principles of extraterritorial criminal jurisdiction -- A reasonable exercise of jurisdiction -- A new theory of jurisdiction in international law.