and exercised them in the free sea extraterritorial to their land of origin. During the Ming (1368–1644) and Qing (1644–1911) periods, European settlers' demand for extraterritorial right was initially considered by the imperial courts ...
Author: Victor Fan
Publisher: Edinburgh University Press
Examining how Hong Kong filmmakers, spectators and critics wrestled with this perturbation between the Leftist Riots (1967) and the aftermath of the Umbrella Movement (2014), this book traces how Hong Kong's extraterritoriality has been framed: in its position of being doubly occupied and doubly abandoned by contesting juridical, political, linguistic and cultural forces. Extraterritoriality scrutinises creative works in mainstream cinema, independent films, television, video artworks and documentaries - especially those by marginalised artists - actively rewriting and reconfiguring how Hong Kong cinema and media are to be defined and located.
36 This raises questions of 'extraterritoriality' and 'extraterritorial jurisdiction', which are now discussed further. 4. 'EXTRATERRITORIALITY' AND THE LAW OF STATE JURISDICTION Extraterritorial jurisdiction pertains to 'the competence ...
Author: Natalie L Dobson
Publisher: Bloomsbury Publishing
This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states' legislative competence, to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of 'extraterritoriality' in international law. Exploring the crystallisation of 'climate change jurisdiction', the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, cross-cutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel 'considerate design' tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns.
Rather, the OECD anti-bribery enforcement regime relies on national extraterritorial enforcement. State compliance in this area is incentivized by a variety of soft instruments such as the open method for coordination, selfassessments, ...
Author: Branislav Hock
The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.
Often, the legal basis for extraterritoriality was provided for in the first enacted competition legislation, especially in more recently introduced competition legislation. That was so, for example, in case of the 2015 Philippines19 ...
Author: United Nations Conference on Trade and Development (UNCTAD)
This publication addresses the question of extraterritoriality (extraterritorial jurisdiction) in the area of competition law. It examines whether or not domestic competition legislation applies to foreign entities that may not be present in the forum, but whose conduct harms or may harm local consumers or producers. It also analyzes existing enforcement track record and hurdles involved in such cases. Transnational conduct can take the form of price-fixing among foreign producers, an abuse of dominant position, or a merger between foreign firms.
extraterritorial regimes have developed, the myriad 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, ...
Author: Daniel S. Margolies
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.
Assertions of extraterritorial jurisdiction provide a procedural apparatus through which the future of transnationalism can be distilled. The adjudication on exercises of extraterritoriality by domestic constitutional courts, ...
Author: Danielle Ireland-Piper
Publisher: Edward Elgar Publishing
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.
Extraterritoriality. and. the. Impact. of. EU. Regulatory. Authority: Environmental. Protection. as. Soft. Power. Jamile Bergamaschine Mata Diz and Hélio Eduardo de Paiva Araújo Abstract This chapter will shed some light into the issue ...
Author: Nuno Cunha Rodrigues
Publisher: Springer Nature
This book sheds new light on the potential application of EU law to situations arising outside EU territory, and its consequences. In today’s globalized world, EU law and the ECJ’s decisions have been calling for exceptions and defining new connecting elements that make the traditional approach of EU law, based on the territoriality principle, less straightforward. This is the case with e.g. the effects doctrine in the context of EU competition law, as was fully recognized after the ECJ’s Intel case. Moreover, recently approved rules concerning the EU’s internal market, EU environmental law and EU data protection law have made it more difficult to define the application of EU law in terms of a pure link to the territoriality principle. The book examines these and other problems from the perspectives of various branches of EU economic law. With regard to EU competition law it presents, among others, studies on the evolution of the effects doctrine in the US and the EU; extraterritoriality of competition law; global cartels; merger control; state aid and cooperation between NCAs. Furthermore, it includes several studies concerning extraterritorial issues in trade relations between the EU and China; EU screening regulation of foreign direct investments; EU trade agreements; EU investment law and EU financial services. The twenty-one contributing authors are internationally respected experts on EU law.
Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea Ireland-Piper, Danielle ... In this sense, extraterritoriality in the application of criminal law is nothing novel in Japan's criminal law.
Author: Ireland-Piper, Danielle
Publisher: Edward Elgar Publishing
Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.