Alejandro Chehtman
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199603404
- eISBN:
- 9780191725173
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603404.001.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
Why should a Spanish court take jurisdiction over an American lawyer accused of facilitating torture in Guantanamo Bay? What empowers a London magistrate to sign an arrest warrant for a former ...
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Why should a Spanish court take jurisdiction over an American lawyer accused of facilitating torture in Guantanamo Bay? What empowers a London magistrate to sign an arrest warrant for a former Chilean President? Can it be legitimate or morally defensible for an Israeli court to try a former Nazi whose crimes occurred outside Israel and indeed prior to the establishment of Israel? This book provides a systematic examination of normative foundations of extraterritorial punishment under international law. It examines when, and under what conditions, a state or an international tribunal would be morally justified in punishing an offender for a crime she committed extraterritorially. The first part of the book concentrates on the rules that regulate extraterritorial jurisdiction for what are commonly conceptualized as domestic crimes. The second part, by contrast, concentrates on international crimes and the jurisdictional rules applicable to them. While doing so, it also assesses the normative force of several objections often raised against extraterritorial prosecutions, such as the charges of show trials, victors' justice, tu quoque, or the claim that international criminal justice is liable to political hijacking or ultimately but an expensive taste for elites.Less
Why should a Spanish court take jurisdiction over an American lawyer accused of facilitating torture in Guantanamo Bay? What empowers a London magistrate to sign an arrest warrant for a former Chilean President? Can it be legitimate or morally defensible for an Israeli court to try a former Nazi whose crimes occurred outside Israel and indeed prior to the establishment of Israel? This book provides a systematic examination of normative foundations of extraterritorial punishment under international law. It examines when, and under what conditions, a state or an international tribunal would be morally justified in punishing an offender for a crime she committed extraterritorially. The first part of the book concentrates on the rules that regulate extraterritorial jurisdiction for what are commonly conceptualized as domestic crimes. The second part, by contrast, concentrates on international crimes and the jurisdictional rules applicable to them. While doing so, it also assesses the normative force of several objections often raised against extraterritorial prosecutions, such as the charges of show trials, victors' justice, tu quoque, or the claim that international criminal justice is liable to political hijacking or ultimately but an expensive taste for elites.
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.
Christopher Kuner
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199674619
- eISBN:
- 9780191758898
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199674619.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
This book examines the history, policies, and future of transborder data flow regulation in the data protection and privacy regulation of over seventy countries and international organizations ...
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This book examines the history, policies, and future of transborder data flow regulation in the data protection and privacy regulation of over seventy countries and international organizations worldwide. It traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regional and international instruments of the EU, OECD, Council of Europe, APEC, and other bodies. It also considers regulation used in the private sector (such as contractual clauses and binding corporate rules), and the use of technology (such as encryption) to regulate data flows. The legal basis of transborder data flow regulation under EU law, fundamental rights law, and EU law is discussed in light of the challenges posed by the Internet (including phenomena such as cloud computing and online social networks). The book also analyses the interaction between transborder data flow regulation and private international law, including issues of applicable law, jurisdiction, and extraterritoriality, and conflicts between regulation and other areas of law. There is discussion of the state of compliance with regulation and how it is enforced. The book concludes by making recommendations for improvement of the legal frameworks in light of their underlying policies. It includes the English text of all legislative regulations under data protection law from around the world that restrict transborder data flows.Less
This book examines the history, policies, and future of transborder data flow regulation in the data protection and privacy regulation of over seventy countries and international organizations worldwide. It traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regional and international instruments of the EU, OECD, Council of Europe, APEC, and other bodies. It also considers regulation used in the private sector (such as contractual clauses and binding corporate rules), and the use of technology (such as encryption) to regulate data flows. The legal basis of transborder data flow regulation under EU law, fundamental rights law, and EU law is discussed in light of the challenges posed by the Internet (including phenomena such as cloud computing and online social networks). The book also analyses the interaction between transborder data flow regulation and private international law, including issues of applicable law, jurisdiction, and extraterritoriality, and conflicts between regulation and other areas of law. There is discussion of the state of compliance with regulation and how it is enforced. The book concludes by making recommendations for improvement of the legal frameworks in light of their underlying policies. It includes the English text of all legislative regulations under data protection law from around the world that restrict transborder data flows.
Edward T. Swaine
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0001
- Subject:
- Law, Public International Law
This chapter begins with a brief discussion of the distinctive features of antitrust extraterritoriality as it has been experienced in the United States. It then discusses US appetite for ...
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This chapter begins with a brief discussion of the distinctive features of antitrust extraterritoriality as it has been experienced in the United States. It then discusses US appetite for extraterritoriality, the limits to judicial and enforcement comity, and the efforts by antitrust authorities to assist one another in fulfilling their independent objectives.Less
This chapter begins with a brief discussion of the distinctive features of antitrust extraterritoriality as it has been experienced in the United States. It then discusses US appetite for extraterritoriality, the limits to judicial and enforcement comity, and the efforts by antitrust authorities to assist one another in fulfilling their independent objectives.
Edward M. Iacobucci
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0003
- Subject:
- Law, Public International Law
In a small, open economy like Canada's, it would be plainly incomplete to think of antitrust law and policy as involving only domestic interests. This has always been true, but of course this has ...
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In a small, open economy like Canada's, it would be plainly incomplete to think of antitrust law and policy as involving only domestic interests. This has always been true, but of course this has become even more essential to appreciate the growth in international trade. This chapter maps out the international contours of Canadian competition law and practice. First, it considers the extraterritorial reach of Canadian competition law. It looks at three relevant dimensions of extraterritorial application: Does Canadian law reach domestic conduct that affects foreign markets? Does Canadian law reach foreign conduct that affects domestic markets? Finally, does Canadian law reach foreign conduct that affects foreign markets? In discussing extraterritoriality, the central issue is whether Canadian law has jurisdiction over the relevant conduct. But even if it does have jurisdiction, it may decline to assume jurisdiction on grounds of international comity. The second section outlines the role of comity in Canadian attitudes to the extraterritorial reach of its statutes.Less
In a small, open economy like Canada's, it would be plainly incomplete to think of antitrust law and policy as involving only domestic interests. This has always been true, but of course this has become even more essential to appreciate the growth in international trade. This chapter maps out the international contours of Canadian competition law and practice. First, it considers the extraterritorial reach of Canadian competition law. It looks at three relevant dimensions of extraterritorial application: Does Canadian law reach domestic conduct that affects foreign markets? Does Canadian law reach foreign conduct that affects domestic markets? Finally, does Canadian law reach foreign conduct that affects foreign markets? In discussing extraterritoriality, the central issue is whether Canadian law has jurisdiction over the relevant conduct. But even if it does have jurisdiction, it may decline to assume jurisdiction on grounds of international comity. The second section outlines the role of comity in Canadian attitudes to the extraterritorial reach of its statutes.
Michal S. Gal
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0006
- Subject:
- Law, Public International Law
This chapter analyzes the tools available to Israel to tackle international antitrust issues. The chapter is organized as follows. The second section analyzes the current international antitrust ...
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This chapter analyzes the tools available to Israel to tackle international antitrust issues. The chapter is organized as follows. The second section analyzes the current international antitrust regime in Israel. The analysis raises interesting theoretical and practical issues that are relevant to all jurisdictions that apply their domestic laws to foreign firms. The third section analyzes the regime from a wider perspective and focuses on the practical aspects of antitrust enforcement. The next section analyzes some of the implications of the findings for international antitrust and suggests some ways that small economies can adopt in order to play a more effective role in the international antitrust arena.Less
This chapter analyzes the tools available to Israel to tackle international antitrust issues. The chapter is organized as follows. The second section analyzes the current international antitrust regime in Israel. The analysis raises interesting theoretical and practical issues that are relevant to all jurisdictions that apply their domestic laws to foreign firms. The third section analyzes the regime from a wider perspective and focuses on the practical aspects of antitrust enforcement. The next section analyzes some of the implications of the findings for international antitrust and suggests some ways that small economies can adopt in order to play a more effective role in the international antitrust arena.
Burton Ong
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0008
- Subject:
- Law, Public International Law
This chapter begins with an overview of Singapore's competition law and policy. It then discusses the extraterritorial reach of Singapore's competition law regime, comity, and the exercise of ...
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This chapter begins with an overview of Singapore's competition law and policy. It then discusses the extraterritorial reach of Singapore's competition law regime, comity, and the exercise of jurisdiction by tribunals in Singapore, and international cooperation.Less
This chapter begins with an overview of Singapore's competition law and policy. It then discusses the extraterritorial reach of Singapore's competition law regime, comity, and the exercise of jurisdiction by tribunals in Singapore, and international cooperation.
Eleanor M. Fox
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0013
- Subject:
- Law, Public International Law
Antitrust law has moved from a national enterprise to an international enterprise. Markets transcend national boundaries, and many problems appear to require supranational or cooperative solutions. ...
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Antitrust law has moved from a national enterprise to an international enterprise. Markets transcend national boundaries, and many problems appear to require supranational or cooperative solutions. The 1990s were an era of visions of a multilateral framework, possibly under the aegis of the World Trade Organization. As the 1990s drew to a close, multilateral agreement seemed more remote, and networking solutions seemed more practical and attractive. International antitrust today is less “world antitrust” and more “antitrust without borders”. This chapter describes the intellectual journey from hierarchy to networking; although the journey is not over. Using the subsidiarity principle, it identifies the problems that can be tackled horizontally, and how and in what forum; it identifies the problems that still need a solution from the top; and it suggests that, at least in the short term, more targeted solutions will be sought for the truly global problems.Less
Antitrust law has moved from a national enterprise to an international enterprise. Markets transcend national boundaries, and many problems appear to require supranational or cooperative solutions. The 1990s were an era of visions of a multilateral framework, possibly under the aegis of the World Trade Organization. As the 1990s drew to a close, multilateral agreement seemed more remote, and networking solutions seemed more practical and attractive. International antitrust today is less “world antitrust” and more “antitrust without borders”. This chapter describes the intellectual journey from hierarchy to networking; although the journey is not over. Using the subsidiarity principle, it identifies the problems that can be tackled horizontally, and how and in what forum; it identifies the problems that still need a solution from the top; and it suggests that, at least in the short term, more targeted solutions will be sought for the truly global problems.
Andrew Guzman
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195387704
- eISBN:
- 9780199866762
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195387704.003.0017
- Subject:
- Law, Public International Law
In many respects, international competition policy already exists. Overlapping domestic legal regimes create a de facto regime that firms involved in international business must navigate. There are, ...
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In many respects, international competition policy already exists. Overlapping domestic legal regimes create a de facto regime that firms involved in international business must navigate. There are, however, almost no binding international agreements on the topic; there is no overarching institution that applies or enforces laws on competition; and there are no international requirements regarding procedural or substantive rules. This chapter addresses the following questions: What characterizes the relationship between domestic competition laws and international business activities? To what extent is international cooperation on competition policy likely or possible? Finally, given the answers to the first two questions, what form might international cooperation on competition policy take?Less
In many respects, international competition policy already exists. Overlapping domestic legal regimes create a de facto regime that firms involved in international business must navigate. There are, however, almost no binding international agreements on the topic; there is no overarching institution that applies or enforces laws on competition; and there are no international requirements regarding procedural or substantive rules. This chapter addresses the following questions: What characterizes the relationship between domestic competition laws and international business activities? To what extent is international cooperation on competition policy likely or possible? Finally, given the answers to the first two questions, what form might international cooperation on competition policy take?
Par Kristoffer Cassel
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199792054
- eISBN:
- 9780199932573
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199792054.001.0001
- Subject:
- History, Asian History, World Modern History
This book reopens the question of consular jurisdiction and extraterritoriality in China and Japan. The book combines recent findings in Qing history on the nature of ethnicity and law with the ...
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This book reopens the question of consular jurisdiction and extraterritoriality in China and Japan. The book combines recent findings in Qing history on the nature of ethnicity and law with the history of the treaty ports in both China and Japan, especially Shanghai, Yokohama, and Nagasaki. Extraterritoriality was not implanted into East Asia as a ready-made product but developed in a dialogue with local precedents, local understandings of power, and local institutions, which are best understood within the complex triangular relationship between China, Japan and the West. A close reading of treaty texts and other relevant documents suggests that a Qing institution for the adjudication for Manchu-Chinese disputes served as the model for both the International Mixed Court in Shanghai and the extraterritorial arrangements in Sino-Japanese Treaty of Tianjin in 1871. The adaptability of Qing legal procedure provided for a relatively seamless transition into the treaty port era, which would have momentous consequences for China’s national sovereignty in the twentieth century. There was no parallel to this development in the Japanese case. Instead, Japanese authorities chose not to integrate consular courts and mixed courts into the indigenous legal order, and as a consequence, consular jurisdiction remained an alien body in the Japanese state, and Japanese policymakers were determined to keep it that way.Less
This book reopens the question of consular jurisdiction and extraterritoriality in China and Japan. The book combines recent findings in Qing history on the nature of ethnicity and law with the history of the treaty ports in both China and Japan, especially Shanghai, Yokohama, and Nagasaki. Extraterritoriality was not implanted into East Asia as a ready-made product but developed in a dialogue with local precedents, local understandings of power, and local institutions, which are best understood within the complex triangular relationship between China, Japan and the West. A close reading of treaty texts and other relevant documents suggests that a Qing institution for the adjudication for Manchu-Chinese disputes served as the model for both the International Mixed Court in Shanghai and the extraterritorial arrangements in Sino-Japanese Treaty of Tianjin in 1871. The adaptability of Qing legal procedure provided for a relatively seamless transition into the treaty port era, which would have momentous consequences for China’s national sovereignty in the twentieth century. There was no parallel to this development in the Japanese case. Instead, Japanese authorities chose not to integrate consular courts and mixed courts into the indigenous legal order, and as a consequence, consular jurisdiction remained an alien body in the Japanese state, and Japanese policymakers were determined to keep it that way.
Pär Kristoffer Cassel
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199792054
- eISBN:
- 9780199932573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199792054.003.0003
- Subject:
- History, Asian History, World Modern History
This chapter follows the institutionalization of consular jurisdiction after the Opium War, with a special focus on the Mixed Court and British Supreme Court in Shanghai, which were established in ...
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This chapter follows the institutionalization of consular jurisdiction after the Opium War, with a special focus on the Mixed Court and British Supreme Court in Shanghai, which were established in the 1860s in order to resolve criminal and civil cases between Britons, Chinese, and other nationalities. A comparison of the Chinese version of treaty texts with other legal sources shows that Qing officials borrowed and adapted long standing Sino-Manchu legal concepts and institutions when they accepted and cooperated in the establishment of the Courts.Less
This chapter follows the institutionalization of consular jurisdiction after the Opium War, with a special focus on the Mixed Court and British Supreme Court in Shanghai, which were established in the 1860s in order to resolve criminal and civil cases between Britons, Chinese, and other nationalities. A comparison of the Chinese version of treaty texts with other legal sources shows that Qing officials borrowed and adapted long standing Sino-Manchu legal concepts and institutions when they accepted and cooperated in the establishment of the Courts.
Pär Kristoffer Cassel
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199792054
- eISBN:
- 9780199932573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199792054.003.0004
- Subject:
- History, Asian History, World Modern History
Chapter 4 explores the evolution of jurisdiction over foreigners in Japan from the promulgation of the “Expulsion Edict” in 1825 through the conclusion of the Sino-Japanese Treaty of Tianjin in 1871, ...
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Chapter 4 explores the evolution of jurisdiction over foreigners in Japan from the promulgation of the “Expulsion Edict” in 1825 through the conclusion of the Sino-Japanese Treaty of Tianjin in 1871, a neglected chapter in Sino-Japanese relations. The extraterritorial arrangements in the “Ansei Treaties,” which Japan concluded with Western powers 1854-58, are compared with the corresponding arrangements in the Sino-Japanese “Treaty of Tianjin.” The extraterritorial arrangements in the Treaty of Tianjin were informed by the Chinese experience of consular jurisdiction in the treaty ports, which stood in sharp contrast to the lack of reciprocity in the Qing Empire’s relations with the Western treaty powers. Since there were far more Chinese in Japan than there were Japanese in China prior to 1895, the Treaty of Tianjin had a much greater impact in Japan than it had in China.Less
Chapter 4 explores the evolution of jurisdiction over foreigners in Japan from the promulgation of the “Expulsion Edict” in 1825 through the conclusion of the Sino-Japanese Treaty of Tianjin in 1871, a neglected chapter in Sino-Japanese relations. The extraterritorial arrangements in the “Ansei Treaties,” which Japan concluded with Western powers 1854-58, are compared with the corresponding arrangements in the Sino-Japanese “Treaty of Tianjin.” The extraterritorial arrangements in the Treaty of Tianjin were informed by the Chinese experience of consular jurisdiction in the treaty ports, which stood in sharp contrast to the lack of reciprocity in the Qing Empire’s relations with the Western treaty powers. Since there were far more Chinese in Japan than there were Japanese in China prior to 1895, the Treaty of Tianjin had a much greater impact in Japan than it had in China.
Pär Kristoffer Cassel
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199792054
- eISBN:
- 9780199932573
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199792054.003.0006
- Subject:
- History, Asian History, World Modern History
This chapter examines how legal pluralism and extraterritoriality contributed to shape the public debate in China and Japan in the last decades of the nineteenth century. It contrasts official ...
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This chapter examines how legal pluralism and extraterritoriality contributed to shape the public debate in China and Japan in the last decades of the nineteenth century. It contrasts official Chinese and Japanese responses to a series of widely publicized consular courts cases and shows that the Japanese authorities were much more successful in mobilizing public opinion against extraterritoriality than the Qing Empire was. The chapter argues that one of the reasons for the Japanese success was the fact that the Japanese state had created a relatively unified citizenry by abolishing all traces of legal pluralism.Less
This chapter examines how legal pluralism and extraterritoriality contributed to shape the public debate in China and Japan in the last decades of the nineteenth century. It contrasts official Chinese and Japanese responses to a series of widely publicized consular courts cases and shows that the Japanese authorities were much more successful in mobilizing public opinion against extraterritoriality than the Qing Empire was. The chapter argues that one of the reasons for the Japanese success was the fact that the Japanese state had created a relatively unified citizenry by abolishing all traces of legal pluralism.
Ezra Mendelsohn
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780195112030
- eISBN:
- 9780199854608
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195112030.003.0002
- Subject:
- History, History of Religion
This chapter examines in detail the English tradition of Jewish extraterritoriality and briefly discusses an historical alternative to this form of writing. It makes the distinction between American ...
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This chapter examines in detail the English tradition of Jewish extraterritoriality and briefly discusses an historical alternative to this form of writing. It makes the distinction between American Jewish and British Jewish writing which can be seen in terms of an opposing relationship to the past. It is argued that the American novel “tends to rest in contradictions and among extreme ranges of experience,” whereas the English novel “gives the impression of absorbing all extremes, all maladjustments and contradictions into a normative view of life.” Ann Masa has shown that this distinction can be applied equally to Jewish literature. The very impossibility of absorbing the Jewish past into a territorial Englishness—or even Britishness—has led to the continuation of a culture of Jewish extraterritoriality.Less
This chapter examines in detail the English tradition of Jewish extraterritoriality and briefly discusses an historical alternative to this form of writing. It makes the distinction between American Jewish and British Jewish writing which can be seen in terms of an opposing relationship to the past. It is argued that the American novel “tends to rest in contradictions and among extreme ranges of experience,” whereas the English novel “gives the impression of absorbing all extremes, all maladjustments and contradictions into a normative view of life.” Ann Masa has shown that this distinction can be applied equally to Jewish literature. The very impossibility of absorbing the Jewish past into a territorial Englishness—or even Britishness—has led to the continuation of a culture of Jewish extraterritoriality.
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.
Cedric Ryngaert
- Published in print:
- 2020
- Published Online:
- August 2020
- ISBN:
- 9780198851783
- eISBN:
- 9780191886355
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198851783.001.0001
- Subject:
- Law, Public International Law
This monograph investigates how the international law of state jurisdiction can be harnessed to serve interests common to the international community. The author inquires how the purpose of the law ...
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This monograph investigates how the international law of state jurisdiction can be harnessed to serve interests common to the international community. The author inquires how the purpose of the law of jurisdiction may shift from protecting national interests to furthering international concerns. Such a shift is arguably enabled by the instability of the notion of jurisdiction, as well as the interpretative ambiguity of the related notions of sovereignty and territoriality. At the same time, there is no denying that in the real world, ‘selfless intervention’ by states tends to combine with more parochial considerations. The author argues, however, that such considerations do not necessarily detract from the legitimacy of unilateralism, but may instead precisely serve to trigger the exercise of jurisdiction in the common interest. Eventually, he cautiously supports the exercise of selfless unilateral jurisdiction, provided that the risks of imperialism are mitigated by techniques of jurisdictional restraint. The shift towards selfless intervention in the law of jurisdiction is illustrated by four area studies regarding global environmental and human rights challenges.Less
This monograph investigates how the international law of state jurisdiction can be harnessed to serve interests common to the international community. The author inquires how the purpose of the law of jurisdiction may shift from protecting national interests to furthering international concerns. Such a shift is arguably enabled by the instability of the notion of jurisdiction, as well as the interpretative ambiguity of the related notions of sovereignty and territoriality. At the same time, there is no denying that in the real world, ‘selfless intervention’ by states tends to combine with more parochial considerations. The author argues, however, that such considerations do not necessarily detract from the legitimacy of unilateralism, but may instead precisely serve to trigger the exercise of jurisdiction in the common interest. Eventually, he cautiously supports the exercise of selfless unilateral jurisdiction, provided that the risks of imperialism are mitigated by techniques of jurisdictional restraint. The shift towards selfless intervention in the law of jurisdiction is illustrated by four area studies regarding global environmental and human rights challenges.
Gilles Giacca
- Published in print:
- 2014
- Published Online:
- November 2014
- ISBN:
- 9780198717447
- eISBN:
- 9780191787010
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198717447.003.0007
- Subject:
- Law, Public International Law, Human Rights and Immigration
By avoiding the strict war/peace dichotomy, the overall book seeks to demonstrate how human rights law applies at all times. Despite theoretical and practical obstacles, ESC rights do apply in armed ...
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By avoiding the strict war/peace dichotomy, the overall book seeks to demonstrate how human rights law applies at all times. Despite theoretical and practical obstacles, ESC rights do apply in armed conflict, and both states and non-state actors have obligations in this regard. It is explained that the challenge is therefore not so much about the legal validity of ESC rights in armed conflict, but more the precise content of each individual right that must be respected, as well as the extent to which each right must also be protected and fulfilled given the maelstrom of often co-existing violence and destruction.Less
By avoiding the strict war/peace dichotomy, the overall book seeks to demonstrate how human rights law applies at all times. Despite theoretical and practical obstacles, ESC rights do apply in armed conflict, and both states and non-state actors have obligations in this regard. It is explained that the challenge is therefore not so much about the legal validity of ESC rights in armed conflict, but more the precise content of each individual right that must be respected, as well as the extent to which each right must also be protected and fulfilled given the maelstrom of often co-existing violence and destruction.
Alejandro Chehtman
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199603404
- eISBN:
- 9780191725173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603404.003.0004
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter critically examines the principles that ground extraterritorial criminal jurisdiction over domestic offences under international law. It argues that the reasons that account for a state ...
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This chapter critically examines the principles that ground extraterritorial criminal jurisdiction over domestic offences under international law. It argues that the reasons that account for a state holding the power to punish advocated in Chapter 2 explain it as having jurisdiction over any offence committed on its territory and over offences committed abroad against their sovereignty, security, or important governmental functions (principle of protection). It suggests, however, that these reasons are incompatible with the widely-held principles according to which states claim extraterritorial jurisdiction over an offence on the basis of the nationality of either the offender (nationality principle) or the victim (principle of passive personality). The chapter not only argues that all the reasons that are often given for these principles are ultimately unconvincing at the bar of justice; it also argues that the argument for the scope of states' right to punish is overall more convincing than the one that would result from some of the most influential justifications for legal punishment available in the literature.Less
This chapter critically examines the principles that ground extraterritorial criminal jurisdiction over domestic offences under international law. It argues that the reasons that account for a state holding the power to punish advocated in Chapter 2 explain it as having jurisdiction over any offence committed on its territory and over offences committed abroad against their sovereignty, security, or important governmental functions (principle of protection). It suggests, however, that these reasons are incompatible with the widely-held principles according to which states claim extraterritorial jurisdiction over an offence on the basis of the nationality of either the offender (nationality principle) or the victim (principle of passive personality). The chapter not only argues that all the reasons that are often given for these principles are ultimately unconvincing at the bar of justice; it also argues that the argument for the scope of states' right to punish is overall more convincing than the one that would result from some of the most influential justifications for legal punishment available in the literature.
Alejandro Chehtman
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199603404
- eISBN:
- 9780191725173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603404.003.0005
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter presents a jurisdictional theory of international crimes. It argues that the defining feature of the concept of an international crime is that it warrants conferring upon at least some ...
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This chapter presents a jurisdictional theory of international crimes. It argues that the defining feature of the concept of an international crime is that it warrants conferring upon at least some extraterritorial authority the power to punish their perpetrators. It critically examines the leading arguments available in the literature, i.e., piracy-based explanations and the view of international crimes as harming humanity as a whole, and submits that they ultimately fail to account for their specific jurisdictional regime. This is mainly because these arguments are entirely unrelated to the reasons that justify meting out legal punishment to offenders in the first place. By contrast, the argument provided in Chapter 2 allows us to explain precisely this normative implication for standard cases of international crimes. The chapter also considers certain cases of war crimes and different varieties of terrorism to assess the explanatory potential of the view hereby endorsed. It concludes by examining the general objection put forward in the literature that a plausible theory of international criminal justice does not need an account of international crimes.Less
This chapter presents a jurisdictional theory of international crimes. It argues that the defining feature of the concept of an international crime is that it warrants conferring upon at least some extraterritorial authority the power to punish their perpetrators. It critically examines the leading arguments available in the literature, i.e., piracy-based explanations and the view of international crimes as harming humanity as a whole, and submits that they ultimately fail to account for their specific jurisdictional regime. This is mainly because these arguments are entirely unrelated to the reasons that justify meting out legal punishment to offenders in the first place. By contrast, the argument provided in Chapter 2 allows us to explain precisely this normative implication for standard cases of international crimes. The chapter also considers certain cases of war crimes and different varieties of terrorism to assess the explanatory potential of the view hereby endorsed. It concludes by examining the general objection put forward in the literature that a plausible theory of international criminal justice does not need an account of international crimes.
Alejandro Chehtman
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199603404
- eISBN:
- 9780191725173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603404.003.0007
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This chapter provides a theory of legitimate authority to try offenders. It applies Joseph Raz's service conception of authority to the question of what conditions a given body should meet in order ...
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This chapter provides a theory of legitimate authority to try offenders. It applies Joseph Raz's service conception of authority to the question of what conditions a given body should meet in order to claim, itself, the power to punish an offender. This approach enable the chapter to conduct a philosophical examination of certain charges often raised against extraterritorial prosecutions, such as ‘show trials’, victor's justice, ‘clean hands’, tu quoque, and trials in absentia or against defendants who have been abducted abroad. It ultimately argues that although some of these considerations might undermine a particular state holding the authority to punish a given offender, they are all unrelated to the fact that it purports to punish an offender extraterritorially. In other words, it submits that although the argument for a given body's authority is necessary in order to provide a complete justification for this body holding the power to punish an offender, it is conceptually and normatively mistaken to consider these obstacles as objects to extraterritoriality itself.Less
This chapter provides a theory of legitimate authority to try offenders. It applies Joseph Raz's service conception of authority to the question of what conditions a given body should meet in order to claim, itself, the power to punish an offender. This approach enable the chapter to conduct a philosophical examination of certain charges often raised against extraterritorial prosecutions, such as ‘show trials’, victor's justice, ‘clean hands’, tu quoque, and trials in absentia or against defendants who have been abducted abroad. It ultimately argues that although some of these considerations might undermine a particular state holding the authority to punish a given offender, they are all unrelated to the fact that it purports to punish an offender extraterritorially. In other words, it submits that although the argument for a given body's authority is necessary in order to provide a complete justification for this body holding the power to punish an offender, it is conceptually and normatively mistaken to consider these obstacles as objects to extraterritoriality itself.
