The Extraterritoriality of Law

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.

"This important collection is indispensable reading for any serious scholar investigating the extraterritorial application of law. Its multidisciplinary roster of authors embodies a wide range of fresh theoretical and political perspectives that bear on both historical issues and contemporary policy."-- Teemu Ruskola, Jonas Robitscher Professor of Law, Emory University"This rich and wide-ranging collection of essays invites us to think in new and radical ways about the relations between territory, sovereignty, jurisdiction, and power in law and history."-- Anne Orford, Redmond Barry Distinguished Professor and Michael D. Kirby Chair of International Law, University of Melbourne"This is a truly remarkable and wide-ranging collection that explores historical and contemporary extraterritorial legality. The chapters examine the complex nature of the relationship between territorial authority and extraterritorial applications of law, both analytically and theoretically. The analyses provide rich accounts of the projection of state sovereignty abroad, as a modality of state-building, imperialist rivalry, human rights promotion, and the global expansion of capitalism, and are of great interest to scholars of law, politics, and history."-- A. Claire Cutler, Professor of Political Science, University of Victoria

Autorentext

Daniel S. Margolies is Professor and Chair of the History Department at Virginia Wesleyan University, US.

Umut Özsu is Assistant Professor of Law and Legal Studies at Carleton University, Canada.

Maïa Pal is Senior Lecturer in International Relations at Oxford Brookes University, UK.

Ntina Tzouvala is Laureate Postdoctoral Fellow in International Law at Melbourne Law School, Australia.

Inhalt

Introduction

Daniel S. Margolies, Umut Özsu, Maïa Pal, Ntina Tzouvala

Part I

What Is Extraterritoriality?

1. Ways of Doing Extraterritoriality in Scholarship

John D. Haskell

2. In the Middle of Nowhere: The Futile Quest to Distinguish Territoriality from Extraterritoriality

Péter D. Szigeti

3. Moving Beyond the E-word in the Anthropocene

Sara L. Seck

Part II

Constituting and Contesting Extraterritoriality

4. Early Modern Extraterritoriality, Diplomacy, and the Transition to Capitalism

Maïa Pal

5. 'Uneven Empires': Extraterritoriality and the Early Trading Companies

Kate Miles

6. Protégé Problems: Qing Officials, Extraterritoriality, and Global Integration in Nineteenth-Century China

Richard S. Horowitz

7. Drinking Water by the Sea: Real and Unreal Property in the Mixed Courts of Egypt

Mai Taha

8. "And the laws are rude, crude and uncertain": Extraterritoriality and the Emergence of Territorialised Statehood in Siam

Ntina Tzouvala

9. Imperial Reorderings in US Zones and Regulatory Regimes, 193450

Daniel S. Margolies

Part III

Extraterritoriality in the Contemporary World-System

10. The Interplay between Extraterritoriality, Sovereignty, and the Foundations of International Law

Austen L. Parrish

11. Extraterritoriality as an Analytic Lens: Examining the Global Governance of Transnational Bribery and Corruption

Ellen Gutterman

12. From Extraterritorial Jurisdiction to Sovereignty: The Annexation of Palestine

Alice M. Panepinto

13. Extraterritoriality Reconsidered: Functional Boundaries as Repositories of Jurisdiction

Ezgi Yildiz