Description
Book SynopsisBy engaging with ongoing discussions 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.
Authored by central voices in the global extraterritoriality debate, the Research Handbook on Extraterritoriality in International Law offers legal, interdisciplinary and regional perspectives on this evolving field. It covers a variety of issues, such as the economics of extraterritorial crime, judicial extraterritoriality, and extraterritorial human rights obligations.
This comprehensive Research Handbook will be a valuable research resource for scholars and students of international law and politics, as well as international and domestically oriented legal practitioners who seek to grasp the difficult legal questions surrounding extraterritoriality.
Trade Review‘A timely and comprehensive examination of one of the classical topics – really a set of different but related topics – in international law.’ -- Marko Milanovic, University of Reading School of Law, UK
‘Extraterritoriality in international law is elusive – found in a multitude of discrete practices in different areas, with no clear overarching frame and little sustained, cross-cutting analysis. This Research Handbook takes us a major step further in understanding the phenomenon. Wide-ranging both in terms of geography and issue areas, it is a treasure trove for anyone interested in the practices of extraterritoriality – and in questions about jurisdiction in international law more generally.’ -- Nico Krisch, Geneva Graduate Institute, Switzerland
‘This volume’s contributors have brought a wealth of expertise and a wide range of disciplinary and regional perspectives to bear in illuminating the complex dynamics of extraterritoriality. The book will be a tremendous resource for anyone interested in the theory and practice of extraterritoriality.’ -- Hannah Buxbaum, Indiana University, US
Table of ContentsContents: Introduction to the Research Handbook on Extraterritoriality in International Law 1 Cedric Ryngaert and Austen Parrish PART I FOUNDATION AND CONCEPTS 1 International jurisdiction law 13 Cedric Ryngaert 2 Extraterritorial jurisdiction and the limits of customary international law 31 Omri Sender and Michael Wood 3 Sovereignty, self-determination, and the duty to cooperate: public international law’s limits on unilateral extraterritorial regulation of non-citizens 46 Austen Parrish 4 Political science and extraterritoriality 58 Tonya L. Putnam 5 Extraterritoriality, economics and crime 77 Branislav Hock 6 Law’s new cartographies: spatialization, digital borders and spaces of vulnerability 93 Peer Zumbansen PART II REGIONAL PERSPECTIVES 7 The European Union experience of extraterritoriality: when a (willing) victim has become a (soft) perpetrator 119 Régis Bismuth 8 The United States experience with extraterritoriality 134 Cassandra Burke Robertson 9 Extraterritoriality in the Commonwealth: case studies from Australia, New Zealand and the United Kingdom 147 Danielle Ireland-Piper 10 Asian experience with extraterritoriality 165 Mari Takeuchi 11 Strategic approaches to extraterritorial jurisdiction in Latin America 181 Alejandro Chehtman 12 Extraterritoriality and Africa: in search of justice 196 Magnus Killander PART III EXTRATERRITORIALITY IN PRACTICE 13 Extraterritoriality of statutes and regulations 212 William S. Dodge 14 Judicial extraterritoriality 224 Yanbai Andrea Wang 15 The expansion of treaty-based extraterritorial criminal jurisdiction 237 Matthew Garrod 16 Extraterritoriality in international human rights law: back to the jurisdictional drawing board 270 Samantha Besson 17 Extraterritorial rights of refugees 293 Chimène I. Keitner 18 Criminal law extraterritoriality 311 Anthony J. Colangelo 19 Extraterritoriality: intellectual property 327 Timothy Holbrook 20 The prohibition on extraterritorial enforcement jurisdiction in the datasphere 340 Asaf Lubin 21 Data and extraterritoriality 357 Christopher Kuner 22 The extraterritorial reach of environmental law: legitimacy concerns and the role of domestic courts in controlling transnational regulatory power 373 Ioanna Hadjiyianni 23 Extraterritoriality in competition law: changing frictions 390 Marek Martyniszyn 24 Extraterritoriality in financial law 414 Matthias Lehmann 25 Extraterritoriality in the global governance of corruption: legal and political perspectives 432 Ellen Gutterman 26 Secondary sanctions 445 Christian Tietje and Cristina Lloyd 27 Global speech regulation: extraterritoriality in the context of internet content blocking, removal, de-listing, and must carry orders 459 Dan J.B. Svantesson 28 Extraterritoriality and corporate climate responsibility 477 Sara L. Seck Index
