Examining how hong kong filmmakers, spectators and critics wrestled with this perturbation between the leftist riots 1967 and the aftermath of the umbrella movement 2014, this book traces how hong kongs extraterritoriality has been framed. Foreign, comparative and international law, 16001926, brings together foreign, comparative, and international titles in a single resource. The supreme court has expressed an interest in both issues the extraterritorial application of u. United states and extraterritoriality diplomatic history. It has been made available under a creative commons attributionnon commercial no derivatives 4. The early days of the war were a history of rapid japanese advances and, inversely, of the equally fast retreat of the chinese.
The right of extraterritoriality granted immunity to prosecution under the laws of a country to the nationals of another country. Ninth circuit extends bivens remedy to mexican citizen killed in mexico by crossborder agent standing in america. The development of extraterritoriality in china foreign. Part i describes the evolution of the presumption against extraterritoriality over two centuries, providing a detailed account of change in an important canon of statutory interpretation. Extraterritorial immigration control legal challenges brill. Situating questions of extraterritoriality in a set of broader investigations into statebuilding, imperialist rivalry, capitalist expansion, and human rights protection. In practice, the phrase diplomatic mission usually denotes the resident mission, namely the embassy, which is the main office of a countrys diplomatic representatives to another country. The abrogation of british extraterritoriality in china. View a pdf of the print version of this book open access. Bill kovacic director of the george washington competition law center welcomed the audience and opened the conference by remarking the importance of extraterritoriality in antitrust enforcement. Privilege of immunity from local law enforcement enjoyed by certain aliens. Boundaries, extraterritoriality, and patent infringement.
Throughout much of human history, however, neither territoriality nor positivist. Professor adrian vermeule has noted that there are very few longitudinal studies tracing the history of particular canons. Proposes extraterritoriality as a key theoretical concept. Manchus and han available for download and read online in other formats. Developments in the law extraterritoriality harvard. Ottoman empire, the origins of extraterritoriality, and. Questions of legal extraterritoriality figure prominently in scholarship on legal. The laws of extraterritoriality looked similar on paper but had very different trajectories in different east asian countries. Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the.
Extraterritoriality and us corporate enforcement white. Michael akehurst, jurisdiction in international law british year book of. Of late years there has been a growing conviction on the part of governments whose nationals enjoy extraterritorial privileges in china that these privileges, which confer on foreigners in china immunity from chinese jurisdiction, must be given up. The end of extraterritoriality in china nus faculty of. Allow westerners living in china the right extraterritoriality. Access to the complete content on oxford handbooks. Extraterritoriality and administration of justice in china. Notwithstanding the courts recent elaborations on extraterritoriality, the approach by the u. Although physically present upon the territory of a foreign nation, those aliens possessing extraterritoriality are considered by customary international law or treaty to be under the legal jurisdiction of their home country. Special economic zone and the neoliberalization of the lao frontier1 pinkaew laungaramsri2. A study of angloamericanchinese relations volume 11 issue 2 k. The assertion of jurisdiction by states outside their territory, however, has been a source of continuing controversy and legal uncertainty.
Topics extraterritoriality, japan, unequal treaties. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. Fishels doctorate dissertation the end of extraterritoriality in china is a wellcrafted and detailed analysis of the many twists and turns in chinas road to the abolition of extraterritoriality. Extraterritoriality, also known as extraterritorial rights, is an exemption from local laws. A short history of spain and portugal stanford university. Chapter i definition and early origins of extraterritorial consular. Forms a dialogue with postcolonial studies and sinophone studies. Extradition and extraterritoriality in the borderlands and beyond, 18771898. Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number. The commission on extraterritoriality in china was constituted in 1926. The history of the genesis and institutionalization of the european. Pdf extraterritoriality and territorial extension in eu law. To some extent, this is a response to transnational criminal activity, such as money laundering, terrorism and human trafficking. Extraterritoriality, also called exterritoriality, or diplomatic immunity, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present.
Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of. The extraterritoriality of law history, theory, politics. This controversial new book recounts the history of the most sweeping. That means that an individual with extraterritoriality who commits a crime in a particular country cannot be tried by the authorities of that country, although often she or. It will become an important reference for those who are interested in the history of extraterritoriality, colonialism, sinojapanese relations, modern china, modern japan, and qing china. Search the history of over 424 billion web pages on the internet. Courts without borders makes sense of puzzling patterns in us courts decisions to assert domestic law internationally. A diplomatic mission or foreign mission is a group of people from one state or an organization present in another state to represent the sending stateorganization officially in the receiving state. This article discusses the legal analysis used to determine the extraterritorial application of us criminal statutes, in light of the increasing enforcement of those statutes to pursue corporate conduct. His principal research interests lie in public international law and the history and theory of international law. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal. Shih shun liu extraterritoriality its rise and its. Ottoman empire, the origins of extraterritoriality, and international.
Putnam shows that courts avoid doing so when it would undercut the public policy purposes the law is intended to serve and when rights. The search for a new corporate personality, oxford university press isbn, page 187 although both home country and host country extraterritoriality involve the. Featured texts all books all texts latest this just in smithsonian libraries fedlink us genealogy lincoln collection. Extraterritoriality of antitrust law in the us and abroad. Defining extraterritorial consular jurisdiction for the purposes of this. The abrogation of british extraterritoriality in china 194243. This book is an encouraging example of a crossdisciplinary approach, a transnational scholarly view, and multilingual skills. This short history has been compiled from the study of a number of works, including h. American citizenship in treaty port china, 18441942 the common view of extraterritoriality is that it involved the extension of special rights to foreign residents of a less developed and thus weaker nation.
This article examines the tensions surrounding the opening of seoul to foreign trade and residence and how mixed residence and extraterritoriality played a decisive role in the boundaries of residence in seoul as well as the boundaries. History, theory, politics crc press book questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. The significance of lius book lies in that the origins and the guiding principles behind extraterritoriality are described. This book brings together thirteen scholars of law, history, and politics in order to reconsider extraterritoriality. Extraterritoriality the new presumption against extraterritoriality. Court of appeals for the federal circuit has been, at best, inconsistent. Blumberg, the multinational challenge to corporation law. Actively rewrites and reconfigures how hong kong cinema and media are to be defined and located.
Pdf it is becoming more and more apparent that territorial sovereignty, this. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices. History, theory, politics ebook, edited by daniel s. Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Margolies, umut oezsu, maia pal, ntina tzouvala, isbn 97851231978, published by routledge from. Extraterritoriality extends to foreign states or international organizations as entities and to their heads, legations, troops. It is available to read and download as a free pdf version on oxford scholarship online. The extraterritoriality of law history, theory, politics taylor. This chapter argues that it was partly through engagement with the ottoman empire, particularly its tradition of extraterritorial consular jurisdiction, that nineteenthcentury european and american jurists came to view china, japan, and a number of other states as semicivilized, setting them against civilized states on the one hand and savage peoples on the other. A principle of international law by which certain classes of persons residing in a foreign country are exempted from its jurisdiction. Nation states are increasingly asserting jurisdiction over criminal offences that occur extraterritorially. In this paper, we examine the state of the ftaia case law and endorse the view that the ftaia bars a nonu. The author, a professor of law, makes a careful study of the theory and practice of extraterritoriality from the very beginning of european contact.
This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Extraterritoriality edinburgh university press books. It fills out the scope of the topic it had set itself beautifully, namely a study of how extraterritoriality, heavily focused on the british and american example, in china came to. The new presumption against extraterritoriality harvard. The passing of extraterritoriality in china foreign affairs. Extraterritoriality definition, immunity from the jurisdiction of a nation, granted to foreign diplomatic officials, foreign warships, etc. Such competence may be exercised by way of prescription, adjudication or enforcement. Extraterritoriality definition of extraterritoriality at. A brief history of andorra is included as an appendix.
Extraterritoriality and territorial extension in eu law article pdf available in the american journal of comparative law am j. Project muse spaces of law in american foreign relations. The system was established to protect western nationals from judicial systems that were considered. The fact that this conviction is due to a more yielding attitude on the part of foreign chancelleries rather than to very marked improvement in the. It is a scholarly book, rich with references from sources in numerous languages.