The Interplay Between Extraterritoriality, Sovereignty, and the Foundations of International Law
Chapter 12 in: Standards and Sovereigns: Legal Histories of Extraterritoriality, Forthcoming
16 Pages Posted: 28 Mar 2017 Last revised: 30 Mar 2017
Date Written: March 24, 2017
The chapter explores the interplay between international law, territorial sovereignty, and extraterritorial regulation. It: (1) describes how particular legal theories of global governance that downplay the importance of territorial sovereignty and sovereign equality in international law have bolstered an expansive view of national power; and (2) traces the growth, until recently, of extraterritorial regulation in the United States. It suggests that the use domestic law applied to foreign conduct is a form of American exceptionalism that usually is a way to avoid international law's constraints. It concludes that working within the existing international law system to promote cosmopolitan goals may be the better path to advancing transnational justice.
Note: This working paper is a preliminary draft of a chapter for an edited volume focused on Legal Histories of Extraterritoriality, edited by Professors Umut Özsu, Dan Margolies, Maïa Pal, and Ntina Tzouvala.
Keywords: territorial, sovereignty, extraterritoriality, extraterritorial, sovereign equality, multilateralism, legislative jurisdiction, unilateralism, hegemony, transnational
JEL Classification: K10, K33, K41
Suggested Citation: Suggested Citation