Extraterritorial Jurisdiction in Theory and Practice
Extraterritorial Jurisdiction in Theory and Practice

Author: Karl Matthias Meessen

Publisher: Martinus Nijhoff Publishers

Published: 1996-08-06

Total Pages: 294

ISBN-13: 9789041108999

DOWNLOAD EBOOK

This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. "Audience: " Civil servants, practising lawyers and academics in the field of international public law and private international law.

Jurisdiction in International Law
Jurisdiction in International Law

Author: Cedric Ryngaert

Publisher:

Published: 2015

Total Pages: 273

ISBN-13: 0199688516

DOWNLOAD EBOOK

This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.

The Extraterritoriality of Law
The Extraterritoriality of Law

Author: Daniel S. Margolies

Publisher: Routledge

Published: 2019-03-22

Total Pages: 357

ISBN-13: 1351231979

DOWNLOAD EBOOK

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.

Extraterritorial Jurisdiction in Theory and Practice
Extraterritorial Jurisdiction in Theory and Practice

Author: Karl M. Meessen

Publisher: BRILL

Published: 1996-08-01

Total Pages: 280

ISBN-13: 9004639772

DOWNLOAD EBOOK

This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. Audience: Civil servants, practising lawyers and academics in the field of international public law and private international law.

Practitioner's Guide to Global Investigations
Practitioner's Guide to Global Investigations

Author: Judith Seddon

Publisher: Law Business Research Ltd.

Published: 2018-01-19

Total Pages: 987

ISBN-13: 1912377837

DOWNLOAD EBOOK

There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Global Justice, State Duties
Global Justice, State Duties

Author: Malcolm Langford

Publisher: Cambridge University Press

Published: 2013

Total Pages: 497

ISBN-13: 1107012775

DOWNLOAD EBOOK

Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.

The Routledge Handbook on Extraterritorial Human Rights Obligations
The Routledge Handbook on Extraterritorial Human Rights Obligations

Author: Mark Gibney

Publisher: Routledge

Published: 2021-12-24

Total Pages: 500

ISBN-13: 1000466132

DOWNLOAD EBOOK

The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Research Handbook on Unilateral and Extraterritorial Sanctions
Research Handbook on Unilateral and Extraterritorial Sanctions

Author: Beaucillon, Charlotte

Publisher: Edward Elgar Publishing

Published: 2021-08-27

Total Pages: 512

ISBN-13: 1839107855

DOWNLOAD EBOOK

Providing a unique analytical framework to capture a diverse, fragmented and highly evolving practice, the Research Handbook on Unilateral and Extraterritorial Sanctions is the key original reference work covering how sanctions have indisputably become central instruments of foreign policy. This discerning Research Handbook combines a series of case studies and cross-cutting analyses. It reflects the levers and evolution of international law and practice in the field, as well as covering important topics over multiple disciplines, particularly in international law and international relations. Featuring diverse contributions from a selection of esteemed scholars, the Research Handbook’s chapters provide an unprecedented analysis of the evolution of diplomatic, legal and business practices and tackle topical legal issues arising from unilateral and extraterritorial sanctions. Offering a unique panorama of contemporary practice, this 360-degree study will be of interest to legal academics and their students as well as practitioners in both the public and private sectors.

Human Rights Unbound
Human Rights Unbound

Author: Lea Raible

Publisher:

Published: 2020

Total Pages: 257

ISBN-13: 0198863373

DOWNLOAD EBOOK

This book uses approaches from legal and political philosophy to develop a theory of when states owe human rights obligations to individuals outside of their own territory, looking at economic, social, and cultural rights as well as civil and political rights.

Accountability in Extraterritoriality
Accountability in Extraterritoriality

Author: Danielle Ireland-Piper

Publisher: Edward Elgar Publishing

Published: 2017-02-24

Total Pages: 205

ISBN-13: 1786431785

DOWNLOAD EBOOK

Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.