Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.001.0001
- Subject:
- Law, Public International Law, EU Law
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ...
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This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines. Less
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0001
- Subject:
- Law, Public International Law, EU Law
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ ...
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This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).Less
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).
Marko Milanovic
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199696208
- eISBN:
- 9780191729805
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696208.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
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 ...
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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.Less
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.
Marko Milanovic
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199696208
- eISBN:
- 9780191729805
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696208.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This concluding chapter brings together the themes explored in the earlier chapters such as extraterritorial application, human rights, state jurisdiction, universality, and effectiveness.
This concluding chapter brings together the themes explored in the earlier chapters such as extraterritorial application, human rights, state jurisdiction, universality, and effectiveness.
Elaine Lynn-Ee Ho
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781503606661
- eISBN:
- 9781503607460
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503606661.001.0001
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
This book argues that analyzing emigration, immigration, and re-migration under the framework of contemporaneous migration directs attention to the citizenship formations that interconnect migration ...
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This book argues that analyzing emigration, immigration, and re-migration under the framework of contemporaneous migration directs attention to the citizenship formations that interconnect migration sites, shaping the lives of citizens in motion. It departs from conventional approaches that study migration sites in isolation or as snapshots in time. Taking Chinese emigration as the starting point, the analysis becomes deepened by incorporating insights from migrant-receiving countries, namely Canada and Singapore, which are facing new emigration or re-migration trends among their own citizens. By analyzing shifts in migration patterns over time, we also come to understand how China is becoming an immigration country. The arguments offer new insights for researchers studying Chinese migration and diaspora. As an analytical approach, contemporaneous migration contributes to our theorization of citizenship and territory, fraternity and alterity, ethnicity, and the co-constitution of time and space.Less
This book argues that analyzing emigration, immigration, and re-migration under the framework of contemporaneous migration directs attention to the citizenship formations that interconnect migration sites, shaping the lives of citizens in motion. It departs from conventional approaches that study migration sites in isolation or as snapshots in time. Taking Chinese emigration as the starting point, the analysis becomes deepened by incorporating insights from migrant-receiving countries, namely Canada and Singapore, which are facing new emigration or re-migration trends among their own citizens. By analyzing shifts in migration patterns over time, we also come to understand how China is becoming an immigration country. The arguments offer new insights for researchers studying Chinese migration and diaspora. As an analytical approach, contemporaneous migration contributes to our theorization of citizenship and territory, fraternity and alterity, ethnicity, and the co-constitution of time and space.
David Scott FitzGerald
- Published in print:
- 2019
- Published Online:
- March 2019
- ISBN:
- 9780190874155
- eISBN:
- 9780190874186
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190874155.001.0001
- Subject:
- Sociology, Migration Studies (including Refugee Studies), Comparative and Historical Sociology
The core of the asylum regime is the principle of non-refoulement that prohibits governments from sending refugees back to their persecutors. Governments attempt to evade this legal obligation to ...
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The core of the asylum regime is the principle of non-refoulement that prohibits governments from sending refugees back to their persecutors. Governments attempt to evade this legal obligation to which they have explicitly agreed by manipulating territoriality. A remote control strategy of “extraterritorialization” pushes border control functions hundreds or even thousands of kilometers beyond the state’s territory. Simultaneously, states restrict access to asylum and other rights enjoyed by virtue of presence on a state’s territory, by making micro-distinctions down to the meter at the borderline in a process of “hyper-territorialization.” This study analyzes remote controls since the 1930s in Palestine, North America, Europe, and Australia to identify the origins of different forms of remote control, explain how they work together as a system of control, and establish the conditions that enable or constrain them in practice. It argues that foreign policy issue linkages and transnational advocacy networks promoting a humanitarian norm that is less susceptible to the legal manipulation of territoriality constrains remote controls more than the law itself. The degree of constraint varies widely by the technique of remote control.Less
The core of the asylum regime is the principle of non-refoulement that prohibits governments from sending refugees back to their persecutors. Governments attempt to evade this legal obligation to which they have explicitly agreed by manipulating territoriality. A remote control strategy of “extraterritorialization” pushes border control functions hundreds or even thousands of kilometers beyond the state’s territory. Simultaneously, states restrict access to asylum and other rights enjoyed by virtue of presence on a state’s territory, by making micro-distinctions down to the meter at the borderline in a process of “hyper-territorialization.” This study analyzes remote controls since the 1930s in Palestine, North America, Europe, and Australia to identify the origins of different forms of remote control, explain how they work together as a system of control, and establish the conditions that enable or constrain them in practice. It argues that foreign policy issue linkages and transnational advocacy networks promoting a humanitarian norm that is less susceptible to the legal manipulation of territoriality constrains remote controls more than the law itself. The degree of constraint varies widely by the technique of remote control.
Noam Lubell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199584840
- eISBN:
- 9780191594540
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584840.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from ...
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This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the ‘war on terror’, but are not limited to this context, and the analysis in this book covers a more definable scope: unilateral, extraterritorial, forcible measures against non-state actors. Three frameworks of international law are examined. These are the framework of international law regulating the resort to force in the territory of other states, the law of armed conflict, and international human rights law. The book examines the applicability of these frameworks to extraterritorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence, the lawfulness of measures that do not conform to the parameters of self-defence, the classification of extraterritorial force against non-state actors as armed conflict, the ‘war on terror’ as an armed conflict, the laws of armed conflict regulating force against groups and individuals, the extraterritorial applicability of international human rights law, and the regulation of forcible measures under human rights law.Less
This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non-state actors. Force in this context takes many forms, ranging from targeted killings and abductions of individuals to large-scale military operations amounting to armed conflict. Actions of this type have occurred in what has become known as the ‘war on terror’, but are not limited to this context, and the analysis in this book covers a more definable scope: unilateral, extraterritorial, forcible measures against non-state actors. Three frameworks of international law are examined. These are the framework of international law regulating the resort to force in the territory of other states, the law of armed conflict, and international human rights law. The book examines the applicability of these frameworks to extraterritorial forcible measures against non-state actors, and analyses the difficulties and challenges presented by application of the rules to these measures. The issues covered include, among others: the possibility of self-defence against non-state actors, including anticipatory self-defence, the lawfulness of measures that do not conform to the parameters of self-defence, the classification of extraterritorial force against non-state actors as armed conflict, the ‘war on terror’ as an armed conflict, the laws of armed conflict regulating force against groups and individuals, the extraterritorial applicability of international human rights law, and the regulation of forcible measures under human rights law.
Agnès Hurwitz
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199278381
- eISBN:
- 9780191706998
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199278381.003.0003
- Subject:
- Law, Criminal Law and Criminology, Public International Law
This chapter examines the operation of safe third country practices and readmission agreements. The first section identifies the key elements of safe third country practices, based on an analysis of ...
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This chapter examines the operation of safe third country practices and readmission agreements. The first section identifies the key elements of safe third country practices, based on an analysis of the 2005 asylum procedures Directive as well as of relevant practice, primarily in the United Kingdom and Germany. The second section reviews the main features of readmission agreements, which are used to ensure the implementation of safe third country practices, and are a crucial component of the external dimension of the EU's migration and asylum policies. The final section consists of a brief examination of proposals on extraterritorial processing that are presented as a means to tackle secondary movements of refugees.Less
This chapter examines the operation of safe third country practices and readmission agreements. The first section identifies the key elements of safe third country practices, based on an analysis of the 2005 asylum procedures Directive as well as of relevant practice, primarily in the United Kingdom and Germany. The second section reviews the main features of readmission agreements, which are used to ensure the implementation of safe third country practices, and are a crucial component of the external dimension of the EU's migration and asylum policies. The final section consists of a brief examination of proposals on extraterritorial processing that are presented as a means to tackle secondary movements of refugees.
Luc Reydams
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199274260
- eISBN:
- 9780191719158
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274260.001.0001
- Subject:
- Law, Private International Law
After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile ...
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After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? The book first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. The book then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. The municipal laws are placed in the larger context of a country’s views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reasons why the individual was brought to justice in a third country.Less
After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? The book first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. The book then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. The municipal laws are placed in the larger context of a country’s views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reasons why the individual was brought to justice in a third country.
Noam Lubell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199584840
- eISBN:
- 9780191594540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584840.003.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, ...
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This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, humanitarian law, and human rights — are presented in the context of their relevance to non-state actors, and the relationship between them is examined.Less
This introductory chapter sets out the scope of the analysis to be covered in the book, and the definition of the terms to be used. The three primary legal frameworks — the ius ad bellum, humanitarian law, and human rights — are presented in the context of their relevance to non-state actors, and the relationship between them is examined.
Noam Lubell
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199584840
- eISBN:
- 9780191594540
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584840.003.0009
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter provides detailed analysis of the question of whether states are bound by human rights law when acting outside their borders. The background and objective of the International Covenant ...
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This chapter provides detailed analysis of the question of whether states are bound by human rights law when acting outside their borders. The background and objective of the International Covenant on Civil and Political Rights are examined, as is the concept of jurisdiction in the context of human rights treaties and cases of human rights bodies. The different types of actions by a state are examined in this context, including acts of diplomatic and consular agents, detention, and authority or control outside formally acknowledged detention facilities. The chapter raises the possibility of a contextual approach to obligations, and of non treaty-based extraterritorial human rights obligations.Less
This chapter provides detailed analysis of the question of whether states are bound by human rights law when acting outside their borders. The background and objective of the International Covenant on Civil and Political Rights are examined, as is the concept of jurisdiction in the context of human rights treaties and cases of human rights bodies. The different types of actions by a state are examined in this context, including acts of diplomatic and consular agents, detention, and authority or control outside formally acknowledged detention facilities. The chapter raises the possibility of a contextual approach to obligations, and of non treaty-based extraterritorial human rights obligations.
Horatia Muir Watt
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566181
- eISBN:
- 9780191705458
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566181.003.0047
- Subject:
- Law, Legal History
This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive ...
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This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive power within geographical boundaries. The issue of ‘extraterritorial jurisdiction’ is discussed by looking at Lord Bingham's leading opinion in Société Eram Shipping Co Ltd v Cie Internationale de navigation (2004).Less
This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive power within geographical boundaries. The issue of ‘extraterritorial jurisdiction’ is discussed by looking at Lord Bingham's leading opinion in Société Eram Shipping Co Ltd v Cie Internationale de navigation (2004).
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0005
- Subject:
- Law, Public International Law, EU Law
This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal ...
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This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal principles. It provides a refined definition of extraterritorial jurisdiction. Moreover, it examines a plurality of ways to infer the proportionality principle from the structure of the legal order and shows that it can be classified, inter alia, as an element of teleological interpretation. The chapter argues that one cannot deny the existence of this principle in international law and that the principle of proportionality, understood as a scheme for rational argumentation, provides an adequate framework as to how exercises of extraterritorial jurisdiction can be assessed in a legally adequate manner.Less
This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal principles. It provides a refined definition of extraterritorial jurisdiction. Moreover, it examines a plurality of ways to infer the proportionality principle from the structure of the legal order and shows that it can be classified, inter alia, as an element of teleological interpretation. The chapter argues that one cannot deny the existence of this principle in international law and that the principle of proportionality, understood as a scheme for rational argumentation, provides an adequate framework as to how exercises of extraterritorial jurisdiction can be assessed in a legally adequate manner.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.001.0001
- Subject:
- Law, Public International Law
Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of ...
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Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community.Less
Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community.
Elaine Lynn-Ee Ho
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781503606661
- eISBN:
- 9781503607460
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9781503606661.003.0004
- Subject:
- Sociology, Migration Studies (including Refugee Studies)
This chapter examines how fraternity and alterity operate in contradictory ways under conditions of contemporaneous migration. While fraternity connotes membership in a national community, alterity ...
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This chapter examines how fraternity and alterity operate in contradictory ways under conditions of contemporaneous migration. While fraternity connotes membership in a national community, alterity refers to the state of being different or the process of “Othering.” The chapter focuses on Singapore as a hub, where concurrent immigration and emigration flows are creating new postcolonial nation-building challenges. Contemporary immigration from China is juxtaposed against past migration from the same ancestral land, generating both co-ethnic and inter-ethnic tensions in a multicultural society. With growing numbers of Singaporeans now moving abroad, Singapore has also become a country that seeks to assert an extraterritorial reach over its emigrants. The multidirectional migration flows evinced in Singapore exemplify how states and national societies invoke temporal framings to prioritize natal ties that are based on selected versions of territorial belonging, memory, and culture.Less
This chapter examines how fraternity and alterity operate in contradictory ways under conditions of contemporaneous migration. While fraternity connotes membership in a national community, alterity refers to the state of being different or the process of “Othering.” The chapter focuses on Singapore as a hub, where concurrent immigration and emigration flows are creating new postcolonial nation-building challenges. Contemporary immigration from China is juxtaposed against past migration from the same ancestral land, generating both co-ethnic and inter-ethnic tensions in a multicultural society. With growing numbers of Singaporeans now moving abroad, Singapore has also become a country that seeks to assert an extraterritorial reach over its emigrants. The multidirectional migration flows evinced in Singapore exemplify how states and national societies invoke temporal framings to prioritize natal ties that are based on selected versions of territorial belonging, memory, and culture.
Joseph Cheah
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199756285
- eISBN:
- 9780199918874
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199756285.003.0007
- Subject:
- Religion, Religion and Society
In their adaptation of Buddhist practices to the American landscape, Burmese immigrant Buddhists have contended with not only domestic forces that demand conformity but also extraterritorial forces ...
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In their adaptation of Buddhist practices to the American landscape, Burmese immigrant Buddhists have contended with not only domestic forces that demand conformity but also extraterritorial forces that expects loyalty to and affinity with the homeland. This chapter examines the transnational politics that shapes the lives of Burmese immigrants and refugees. It looks at the manner in which the Burmese military junta has attempted to influence the Burmese in the American diaspora, and the manner in which Burmese immigrants and refugees have or have not responded to the transnational outreach of the military regime.Less
In their adaptation of Buddhist practices to the American landscape, Burmese immigrant Buddhists have contended with not only domestic forces that demand conformity but also extraterritorial forces that expects loyalty to and affinity with the homeland. This chapter examines the transnational politics that shapes the lives of Burmese immigrants and refugees. It looks at the manner in which the Burmese military junta has attempted to influence the Burmese in the American diaspora, and the manner in which Burmese immigrants and refugees have or have not responded to the transnational outreach of the military regime.
Titus Chih-Chieh Chen
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195380088
- eISBN:
- 9780199855377
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195380088.003.0006
- Subject:
- Law, Public International Law
Norm change frequently occurs (1) when norms are in tension with each other and (2) when the “fit” between norms and concrete experience is disputed. This chapter provides historical case studies in ...
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Norm change frequently occurs (1) when norms are in tension with each other and (2) when the “fit” between norms and concrete experience is disputed. This chapter provides historical case studies in support of that proposition. It begins with a concise discussion of the formation of the two temporally coexisting yet inherently contending norms—exclusive territorial jurisdiction and extraterritorial justice—as the dual normative structures guiding state policies and generating interstate disputes. The second section summarizes the justifications for, and the establishment of, extraterritorial justice through imperial expansion and colonization. Section three analyzes the cases of Japan, Turkey, and China to reveal the contentious processes in which concrete practices of various forms of extraterritorial justice triggered disputes not only between the West and non-Western states but even within and among Western capitals. The chapter concludes by suggesting that the abolition of extraterritoriality modified international normative structures by promoting the principle of self-determination and paving the way for post-WWII decolonization.Less
Norm change frequently occurs (1) when norms are in tension with each other and (2) when the “fit” between norms and concrete experience is disputed. This chapter provides historical case studies in support of that proposition. It begins with a concise discussion of the formation of the two temporally coexisting yet inherently contending norms—exclusive territorial jurisdiction and extraterritorial justice—as the dual normative structures guiding state policies and generating interstate disputes. The second section summarizes the justifications for, and the establishment of, extraterritorial justice through imperial expansion and colonization. Section three analyzes the cases of Japan, Turkey, and China to reveal the contentious processes in which concrete practices of various forms of extraterritorial justice triggered disputes not only between the West and non-Western states but even within and among Western capitals. The chapter concludes by suggesting that the abolition of extraterritoriality modified international normative structures by promoting the principle of self-determination and paving the way for post-WWII decolonization.
Sarah Joseph
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199565894
- eISBN:
- 9780191728693
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565894.003.0009
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter discusses the issue of extraterritorial human rights obligations. It examines the extent to which States have duties to the people in other States. Such duties, if they exist, might ...
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This chapter discusses the issue of extraterritorial human rights obligations. It examines the extent to which States have duties to the people in other States. Such duties, if they exist, might signal that States have a duty under international human rights law not to enforce WTO rules which might harm the human rights of people in other States, or a duty to amend WTO rules to assist those in other countries, particularly the poor in developing countries.Less
This chapter discusses the issue of extraterritorial human rights obligations. It examines the extent to which States have duties to the people in other States. Such duties, if they exist, might signal that States have a duty under international human rights law not to enforce WTO rules which might harm the human rights of people in other States, or a duty to amend WTO rules to assist those in other countries, particularly the poor in developing countries.
Nils Melzer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533169
- eISBN:
- 9780191714511
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533169.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or ...
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International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.Less
International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.
Andrew Koppelman
- Published in print:
- 2006
- Published Online:
- October 2013
- ISBN:
- 9780300113402
- eISBN:
- 9780300135138
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300113402.003.0008
- Subject:
- Political Science, American Politics
This chapter proposes a set of fair and workable rules to determine when, and when not, to recognize same-sex marriages. It discusses four relevant types of marriages: evasive, migratory, visitor, ...
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This chapter proposes a set of fair and workable rules to determine when, and when not, to recognize same-sex marriages. It discusses four relevant types of marriages: evasive, migratory, visitor, and extraterritorial.Less
This chapter proposes a set of fair and workable rules to determine when, and when not, to recognize same-sex marriages. It discusses four relevant types of marriages: evasive, migratory, visitor, and extraterritorial.
