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Territoriality and globalization

Territoriality and globalization
Territoriality and globalization
This chapter challenges the commonly held view that the territorial State is fundamentally unsuited to, and incompatible with, twenty-first century manifestations of globalization in the form of ever-tightening economic integration or all-pervasive global communication networks. This is only partly true. The State – as defined and enabled by public international law around the idea of territorial sovereignty – provides the ideal mechanism for global capital and corporate activity to function and grow with maximum efficiency and minimal accountability. The territorial nation State provides the legal framework that facilitates foreign wealth accumulation through open borders, and its subsequent retention in the Global North through closed borders. At the core of this legal framework are the territorial rules under private and public international law that provide high flexibility in selectively opening and closing borders as and when national interest demands. The chapter argues that the complementary concepts of territory and borders are useful constructs to ring-fence capital from ‘leakages’ to the outside. The argument is illustrated with reference to US cases applying the presumption against extraterritoriality, on the one hand, and by English corporate crossborder tort litigation, on the other hand. In these cases, the territorial State emerges not as a victim of globalization but as an essential participant, propagator and beneficiary of it.

territoriality, Globalization, private international law, public international law, presumption against extraterritoriality, sovereignty, borders
300-329
Oxford University Press, Oxford
Kohl, Uta
813ff335-441f-4027-801b-4e6fc48409c3
Allen, Stephen
Costelloe, Daniel
Fitzmaurice, Malgosia
Gragl, Paul
Guntrip, Edward
Kohl, Uta
813ff335-441f-4027-801b-4e6fc48409c3
Allen, Stephen
Costelloe, Daniel
Fitzmaurice, Malgosia
Gragl, Paul
Guntrip, Edward

Kohl, Uta (2018) Territoriality and globalization. In, Allen, Stephen, Costelloe, Daniel, Fitzmaurice, Malgosia, Gragl, Paul and Guntrip, Edward (eds.) The Oxford Handbook of Jurisdiction in International Law. Oxford, UK. Oxford University Press, Oxford, pp. 300-329.

Record type: Book Section

Abstract

This chapter challenges the commonly held view that the territorial State is fundamentally unsuited to, and incompatible with, twenty-first century manifestations of globalization in the form of ever-tightening economic integration or all-pervasive global communication networks. This is only partly true. The State – as defined and enabled by public international law around the idea of territorial sovereignty – provides the ideal mechanism for global capital and corporate activity to function and grow with maximum efficiency and minimal accountability. The territorial nation State provides the legal framework that facilitates foreign wealth accumulation through open borders, and its subsequent retention in the Global North through closed borders. At the core of this legal framework are the territorial rules under private and public international law that provide high flexibility in selectively opening and closing borders as and when national interest demands. The chapter argues that the complementary concepts of territory and borders are useful constructs to ring-fence capital from ‘leakages’ to the outside. The argument is illustrated with reference to US cases applying the presumption against extraterritoriality, on the one hand, and by English corporate crossborder tort litigation, on the other hand. In these cases, the territorial State emerges not as a victim of globalization but as an essential participant, propagator and beneficiary of it.

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More information

In preparation date: 2018
Published date: 2018
Keywords: territoriality, Globalization, private international law, public international law, presumption against extraterritoriality, sovereignty, borders

Identifiers

Local EPrints ID: 425099
URI: http://eprints.soton.ac.uk/id/eprint/425099
PURE UUID: 0d318d8b-9157-496a-be5f-2a29827f00e8
ORCID for Uta Kohl: ORCID iD orcid.org/0000-0002-8616-9469

Catalogue record

Date deposited: 10 Oct 2018 16:30
Last modified: 08 May 2020 00:44

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Contributors

Author: Uta Kohl ORCID iD
Editor: Stephen Allen
Editor: Daniel Costelloe
Editor: Malgosia Fitzmaurice
Editor: Paul Gragl
Editor: Edward Guntrip

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