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| extraterritoriality definition world history: Jurisdiction in International Law Cedric Ryngaert, 2015 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. |
| extraterritoriality definition world history: Global Justice, State Duties Malcolm Langford, 2013 Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights. |
| extraterritoriality definition world history: Legal Imperialism Turan Kayaoğlu, 2010-04-19 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. |
| extraterritoriality definition world history: Extraterritorial Application of Human Rights Treaties Fons Coomans, Menno T. Kamminga, 2004 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. |
| extraterritoriality definition world history: The Oxford Guide to Treaties Duncan B. Hollis, 2020 This guide is an authoritative reference point for anyone interested in the creation or interpretation of treaties and other forms of international agreement. It covers the rules and practices surrounding their making, interpretation, and operation, and uses hundreds of real examples to illustrate different approaches treaty-makers can take. |
| extraterritoriality definition world history: Does the Constitution Follow the Flag? Kal Raustiala, 2011 The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought&R to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power. |
| extraterritoriality definition world history: Extraterritoriality in China Foreign Policy Association, 1925 |
| extraterritoriality definition world history: In Re Grand Jury Proceeding , 1989 |
| extraterritoriality definition world history: The Practitioner's Guide to Global Investigations Judith Seddon, Eleanor Davison, Christopher J. Morvillo, Luke Tolaini, Celeste Koeleveld, F. Joseph Warin, Winston Y. Chan, 2023 |
| extraterritoriality definition world history: Brierly's Law of Nations Andrew Clapham, 2012-08-09 This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression. |
| extraterritoriality definition world history: Capitalism As Civilisation Ntina Tzouvala, 2020-10-29 Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation. |
| extraterritoriality definition world history: Legal Orientalism Teemu Ruskola, 2013-06-03 Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways. |
| extraterritoriality definition world history: The Extraterritoriality of Law Daniel S. Margolies, Umut Özsu, Maïa Pal, Ntina Tzouvala, 2019-03-22 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. |
| extraterritoriality definition world history: Extraterritoriality Victor Fan, 2021 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. |
| extraterritoriality definition world history: Law and Colonial Cultures Lauren Benton, 2002 Argues that institutions and culture serve as important elements of international legal order. |
| extraterritoriality definition world history: Research Handbook on Extraterritoriality in International Law Austen Parrish, Cedric Ryngaert, 2023-08-14 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 definition world history: State Immunity in International Law Xiaodong Yang, 2012-09-27 Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts. |
| extraterritoriality definition world history: Research Handbook on Unilateral and Extraterritorial Sanctions Beaucillon, Charlotte, 2021-08-27 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. |
| extraterritoriality definition world history: Bringing International Fugitives to Justice David A. Sadoff, 2016-12-24 A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives. |
| extraterritoriality definition world history: United States Attorneys' Manual United States. Department of Justice, 1985 |
| extraterritoriality definition world history: Protecting Animals Within and Across Borders Charlotte E. Blattner, 2019 based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries. |
| extraterritoriality definition world history: Extraterritorial Application of Human Rights Treaties Marko Milanovic, 2011-07-14 Expanded version of author's thesis (doctoral)--University of Cambridge, 2010. |
| extraterritoriality definition world history: Digital Peripheries Petr Szczepanik, Pavel Zahrádka, Jakub Macek, Paul Stepan, 2020-05-15 This is an open access book. Media industry research and EU policymaking are predominantly tailored to large (and, in the latter case, Western) European markets. This open access book addresses the specific qualities of smaller media markets, highlighting their vulnerability to global digital competition and outlining survival strategies for them. New online distribution models and new trends in the consumption of audiovisual content are limited by, and pose new challenges for, existing audiovisual business models and their legal framework in the EU. The European Commission’s Digital Single Market (DSM) strategy, which was intended e.g. to remove obstacles to the cross-border distribution of audiovisual content, has triggered a heated debate on the transformation of the existing ecosystem for European screen industries. While most current discussions focus on the United States, Western Europe, and the multinational giants, this book approaches these industry trends and policy questions from the perspective of relatively small and peripheral (in terms of their population, language, cross-border cultural flows, and financial and/or symbolic capital) media markets. |
| extraterritoriality definition world history: The Court and the World Stephen Breyer, 2016-08-23 In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike. |
| extraterritoriality definition world history: Sovereign Necropolis Trais Pearson, 2020-03-15 By the 1890s, Siam (Thailand) was the last holdout against European imperialism in Southeast Asia. But the kingdom's exceptional status came with a substantial caveat: Bangkok, its bustling capital, was a port city that was subject to many of the same legal and fiscal constraints as other colonial treaty ports. Sovereign Necropolis offers new insight into turn-of-the-century Thai history by disinterring the forgotten stories of those who died unnatural deaths during this period and the work of the Siamese state to assert their rights in a pluralistic legal arena. Based on a neglected cache of inquest files compiled by the Siamese Ministry of the Capital, official correspondence, and newspaper accounts, Trais Pearson documents the piecemeal introduction of new forms of legal and medical concern for the dead. He reveals that the investigation of unnatural death demanded testimony from diverse strata of society: from the unlettered masses to the king himself. These cases raised questions about how to handle the dead—were they spirits to be placated or legal subjects whose deaths demanded compensation?—as well as questions about jurisdiction, rights, and liability. Exhuming the history of imperial politics, transnational commerce, technology, and expertise, Sovereign Necropolis demonstrates how the state's response to global flows transformed the nature of legal subjectivity and politics in lasting ways. A compelling exploration of the troubling lives of the dead in a cosmopolitan treaty port, the book is a notable contribution to the growing corpus of studies in science, law, and society in the non-Western world. |
| extraterritoriality definition world history: Fifty Years of the British Indian Ocean Territory Stephen Allen, Chris Monaghan, 2018-05-30 This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com. |
| extraterritoriality definition world history: NL ARMS Netherlands Annual Review of Military Studies 2021 Robert Beeres, Robert Bertrand, Jeroen Klomp, Job Timmermans, Joop Voetelink, 2022 Intro -- Foreword -- Contents -- Editors and Contributors -- 1 Introduction -- 1.1 Introduction -- 1.2 The Compliance and Integrity in International Military Trade (CIIMT) Master Programme -- 1.2.1 Focus of the MSc Programme on CIIMT -- 1.2.2 Learning Styles and Structure of the MSc Programme on CIIMT -- 1.3 Outline of NL ARMS 2021 -- References -- 2 Economics of Arms Trade: What Do We Know? -- 2.1 Introduction -- 2.2 Research Methodology -- 2.2.1 Scope -- 2.2.2 Selection -- 2.2.3 Research Synthesis -- 2.3 Weapons of Mass Destruction -- 2.3.1 Spreading Temptation: Proliferation and Peaceful Nuclear Cooperation Agreements -- 2.3.2 Almost Nuclear: Introducing the Nuclear Latency Dataset -- 2.3.3 Research on Weapons of Mass Destruction: What Do We Know? -- 2.4 Major Weapon Systems -- 2.4.1 The Gravity of Arms -- 2.4.2 Arming the Embargoed -- 2.4.3 Arms Production, National Defence Spending and Arms Trade -- 2.4.4 Trading Arms and the Demand for Military Expenditure -- 2.4.5 Arm Your Friends and Save on Defence? -- 2.4.6 Network Interdependencies and the Evolution of the International Arms Trade -- 2.4.7 Research into Major Weapon Systems: What Do We Know? -- 2.5 Small Arms and Light Weapons -- 2.5.1 Weaponomics, the Economics of Small Arms -- 2.5.2 Research into Small Arms and Light Weapons: What Do We Know? -- 2.6 Dual-Use Goods -- 2.6.1 Exporting Weapons of Mass Destruction? -- 2.6.2 Taking a Walk on the Supply Side: The Determinants of Civil Nuclear Cooperation -- 2.6.3 Research into Dual-Use Goods: What Do We Know? -- 2.7 Analysis -- 2.8 Conclusion: An Agenda for Research -- References -- 3 Export Control Regimes-Present-Day Challenges and Opportunities -- 3.1 Introduction -- 3.2 Export Control Regimes -- 3.2.1 The Coordinating Committee for the Multilateral Export Controls -- 3.2.2 Regimes and Treaties -- 3.2.3 Characteristics Regimes. |
| extraterritoriality definition world history: Investment Treaties and the Legal Imagination Nicolás M. Perrone, 2021-02-11 This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism. |
| extraterritoriality definition world history: Intelligence Community Legal Reference Book , 2012 |
| extraterritoriality definition world history: Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations Michael N. Schmitt, 2017-02-02 Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers. |
| extraterritoriality definition world history: Research Handbook on Economic Sanctions van Bergeijk, Peter A.G., 2021-12-10 Peter van Bergeijk brings together 40 leading experts from all continents to analyze state-of-the-art data covering the sharp increase in (smart) sanctions in the last decade. Original chapters provide detailed analyses on the determinants of sanction success and failure, complemented with research on the impact of sanctions. |
| extraterritoriality definition world history: Tallinn Manual on the International Law Applicable to Cyber Warfare Michael N. Schmitt, 2013-03-07 The result of a three-year project, this manual addresses the entire spectrum of international legal issues raised by cyber warfare. |
| extraterritoriality definition world history: Natural Resources Code Texas, 1978 |
| extraterritoriality definition world history: The Persianate World Nile Green, 2019-04-09 At publication date, a free ebook version of this title will be available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Persian is one of the great lingua francas of world history. Yet despite its recognition as a shared language across the Islamic world and beyond, its scope, impact, and mechanisms remain underexplored. A world historical inquiry into pre-modern cosmopolitanism, The Persianate World traces the reach and limits of Persian as a Eurasian language in a comprehensive survey of its geographical, literary, and social frontiers. From Siberia to Southeast Asia, and between London and Beijing, this book shows how Persian gained, maintained, and finally surrendered its status to imperial and vernacular competitors. Fourteen essays trace Persian’s interactions with Bengali, Chinese, Turkic, Punjabi, and other languages to identify the forces that extended “Persographia,” the domain of written Persian. Spanning the ages expansion and contraction, The Persianate World offers a critical survey of both the supports and constraints of one of history’s key languages of global exchange. |
| extraterritoriality definition world history: UN Security Council Referrals to the International Criminal Court Alexandre Skander Galand, 2018-11-26 This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself. |
| extraterritoriality definition world history: The Complete Idiot's Guide to World History, 2nd Edition Timothy C. Hall, M.A., 2012-01-03 Puts world events in a context that is relevant for today's students and casual readers Updated to include the significant events from the past several years |
| extraterritoriality definition world history: The Territorial Jurisdiction of the International Criminal Court Michalēs Vagias, Michail Vagias, John Dugard, 2014-10-16 Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court. |
| extraterritoriality definition world history: Accountability in Extraterritoriality Danielle Ireland-Piper, 2017-02-24 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. |
| extraterritoriality definition world history: Extraterritorial Matthew Hart, 2020-08-25 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. |
| extraterritoriality definition world history: Defining Terrorism in International Law Ben Saul, 2008 This book examines the attempts by the international community and the United Nations to define and criminalise terrorism. In doing so, it explores the difficult legal, ethical and philosophical questions involved in deciding when political violence is, or is not, permissible. |
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