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The Extraterritoriality of Law: History, Theory, Politics

The Extraterritoriality of Law: History, Theory, Politics

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781032178318
  • 出版时间 September 2021
  • 规格: Paperback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9780815378587
AU$92.53
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  • 描述 
  • 大纲 
  • 详细

    Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications.

    This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise.

    The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.

  • Introduction
    Daniel S. Margolies, Umut Özsu, Maïa Pal, Ntina Tzouvala
    Part I. What Is Extraterritoriality?
    1. Ways of Doing Extraterritoriality in Scholarship
    John D. Haskell
    2. In the Middle of Nowhere: The Futile Quest to Distinguish Territoriality from Extraterritoriality
    Péter D. Szigeti
    3. Moving Beyond the E-word in the Anthropocene
    Sara L. Seck
    Part II. Constituting and Contesting Extraterritoriality
    4. Early Modern Extraterritoriality, Diplomacy, and the Transition to Capitalism
    Maïa Pal
    5. "Uneven Empires": Extraterritoriality and the Early Trading Companies
    Kate Miles
    6. Protégé Problems: Qing Officials, Extraterritoriality, and Global Integration in Nineteenth-Century China
    Richard S. Horowitz
    7. Drinking Water by the Sea: Real and Unreal Property in the Mixed Courts of Egypt
    Mai Taha
    8. "And the laws are rude, … crude and uncertain": Extraterritoriality and the Emergence of Territorialised Statehood in Siam
    Ntina Tzouvala
    9. Imperial Reorderings in US Zones and Regulatory Regimes, 1934–50
    Daniel S. Margolies
    Part III. Extraterritoriality in the Contemporary World-System
    10. The Interplay between Extraterritoriality, Sovereignty, and the Foundations of International Law
    Austen L. Parrish
    11. Extraterritoriality as an Analytic Lens: Examining the Global Governance of Transnational Bribery and Corruption
    Ellen Gutterman
    12. From Extraterritorial Jurisdiction to Sovereignty: The Annexation of Palestine
    Alice M. Panepinto
    13. Extraterritoriality Reconsidered: Functional Boundaries as Repositories of Jurisdiction
    Ezgi Yildiz

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