Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of Globalization

Candaian Journal of Law and Technology, Vol. 6, No. 1, March 2007

91 Pages Posted: 21 Jul 2012

See all articles by Steve Coughlan

Steve Coughlan

Dalhousie University - Schulich School of Law

Robert J. Currie

Dalhousie University - Schulich School of Law

Hugh M. Kindred

Dalhousie University

Teresa Scassa

University of Ottawa - Common Law Section

Date Written: 2007

Abstract

The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian authority may well run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territory and domestic affairs. Likewise, other states, under the same pressures of globalization as Canada, may try to exercise their legislative powers, government decrees and court orders in the territory of Canada, where they are likely to be rebuffed with equal indignation. Yet the rapidly growing volume and variety of transnational interactions between people, activities and events, which constitute the engine of globalization, ensure that the extraterritorial application of national legal powers cannot be avoided. Consequently, the scope, means and effectiveness of extraterritorial action must be examined and evaluated.

Keywords: globalization, transnational interaction, national, legal jurisdiction, government

Suggested Citation

Coughlan, Steve and Currie, Robert J. and Kindred, Hugh M. and Scassa, Teresa, Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of Globalization (2007). Candaian Journal of Law and Technology, Vol. 6, No. 1, March 2007, Available at SSRN: https://ssrn.com/abstract=2114298

Steve Coughlan

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Robert J. Currie (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Hugh M. Kindred

Dalhousie University ( email )

6061 University Avenue
Halifax, Nova Scotia B3H 4H9
Canada

Teresa Scassa

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
6135625800x3872 (Phone)
6135645124 (Fax)

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