Whither Territoriality? The European Union's Use of Territoriality to Set Norms with Universal Effects
12 Pages Posted: 12 Nov 2014
Date Written: November 11, 2014
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
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