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Solving the Internet Jurisdiction Puzzle
Internet jurisdiction has emerged as one of the greatest and most urgent challenges online; affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, cyber security, intellectual property, freedom of speech, and cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction based on an extensive period of research dedicated to the topic. The book demonstrates that our current paradigm remains attached to territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is b...
Transnational Organized Crime
This timely book provides a critical consideration of one of the most pressing matters confronting global and regional strategies for suppressing transnational organized crime today: the question of the scope and rationale of States’ criminal jurisdiction over these cross-border offences. It shines a light on the complex challenges posed by transnational organized crime to international criminal law.
The Cambridge Handbook of China and International Law
This handbook provides a comprehensive road map to China's engagement with international law and an upgraded bridge between Chinese and Western approaches in times of turmoil. Written by a leading group of Chinese and Western specialists, it examines how China is assimilating into, and putting its stamp on, the global legal order. It offers updated analyses of China's relationship with international institutions, human rights law, international trade law, the law of the sea, the laws of peace and war, international criminal law, global health law, international investment law, international environmental law, climate change, international terrorism law, outer-space law, intellectual property law, cyber-space warfare, international financial law, international dispute settlement, territorial disputes, the Belt and Road Initiative, the Community of Shared Future for Mankind, China's constitutional law, the judicial application of international law, state immunity, the international rule of law, China's treaty practices and the extraterritorial application of Chinese laws.
The State and Cosmopolitan Responsibilities
This book explores the role that states might play in promoting a cosmopolitan condition as an agent of cosmopolitanism rather than an obstacle to it. In doing so the book seeks to develop recent arguments in favour of locating cosmopolitan moral and political responsibility at the state level as either an alternative to, or a corollary of, cosmopolitanism as it is more commonly understood qua requiring transnational or global bearers of responsibility. As a result, the contributions in this volume see an on-going role for the state, but also its transformation, perhaps only partially, into a more cosmopolitan-minded institution -- instead of a purely 'national' or particularistic one. It therefore makes the case that the state as a form of political community can be reconciled with various form of cosmopolitan responsibility. In this way the book will address the question of how states, in the present, and in the future, can be better bearers of cosmopolitan responsibilities?
Accountability in Extraterritoriality
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the 'abuse of rights' doctrine. Utilizing a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Irel...
Extraterritoriality Around the Globe
Analysing different political and policy drivers of extraterritoriality in various social, cultural, and economic settings, this book assesses the value of politics within the context of the law and practice of extraterritoriality. Extraterritoriality is one of the most complex and multifaceted concepts in international law, shaped by a dynamic interplay of legal, political, and practical factors. This book discusses the challenges of understanding extraterritoriality in the context of evolving international relations, the political forces behind state practices, and why international law matters in a field that, at first glance, may seem primarily national in scope. To address these issues,...
Extraterritoriality in East Asia
Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
The Developing Concept of Sovereignty
This Report provides important insights into an important topic, and I wish to start by congratulating the authoring team on their excellent work. The Report addresses the topic of sovereignty, and in doing so, it takes particular account of sovereignty in the cyber and outer space domains - two domains of great significance for Australia's national interests. It is written with commendable clarity and should serve the needs of strategic planners in Defence as well as strategic policy planners in government more broadly.The Report is extremely timely since the concept of 'sovereignty' has recently gained new life in Australia and around the world not least in the cyber context. Increased ten...
Global Governance and Regulation
Introduction : global order/disorder / Leon Wolff and Danielle Ireland-Piper -- International law and governance in the 21st century : disorder and order in a fragmented world / Anthony E. Cassimatis -- Law's movement / Jonathan Crowe -- How anarchy can rule the world / Susan Bird -- The rise of China and global disorder - can 'the centre' hold in the 21st century? / Malcolm Davis -- Nationality and extraterritoriality : a disordered paradigm? / Danielle Ireland-Piper -- Stateless Rohingya in Bangladesh and refugee status : global order and disorder under international law / Sanzhuan Guo and Madhav Gautam -- Caring capitalism? The case of Japanese employment law / Leon Wolff -- Monopolisatio...
