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

See all articles by Austen Parrish

Austen Parrish

Indiana University Maurer School of Law

Date Written: March 24, 2017

Abstract

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

Parrish, Austen L., The Interplay Between Extraterritoriality, Sovereignty, and the Foundations of International Law (March 24, 2017). Chapter 12 in: Standards and Sovereigns: Legal Histories of Extraterritoriality, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2940361

Austen L. Parrish (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

HOME PAGE: http://www.law.indiana.edu/

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