Whither Territoriality? The European Union's Use of Territoriality to Set Norms with Universal Effects

12 Pages Posted: 12 Nov 2014

See all articles by Cedric Ryngaert

Cedric Ryngaert

Utrecht University School of Law (the Netherlands)

Date Written: November 11, 2014

Abstract

This contribution demonstrates that territoriality has lost its moorings. Formal reliance on territorial jurisdiction cannot hide that a person’s territorial presence may be used as nothing more than a useful nexus to influence that person’s global or foreign activity, or more incisively, and possibly invidiously, to limit third countries’ regulatory freedom. EU regulation of transnational economic operators and ECHR/EU conditional extradition practice are cases in point. In this scenario, territoriality serves as a mere trigger to effectively exercise quasi-universal jurisdiction. This begs the question as to whether territoriality, as the jurisdictional manifestation of the principle of non-intervention and the sovereign equality of States, can still be a legitimate principle of world public order.

Keywords: international law, territoriality, EU regulation, extradition

Suggested Citation

Ryngaert, Cedric, Whither Territoriality? The European Union's Use of Territoriality to Set Norms with Universal Effects (November 11, 2014). Available at SSRN: https://ssrn.com/abstract=2523157 or http://dx.doi.org/10.2139/ssrn.2523157

Cedric Ryngaert (Contact Author)

Utrecht University School of Law (the Netherlands) ( email )

3508 TC Utrecht
Utrecht
Netherlands

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