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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. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The bookwill be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.

Exterritoriality. --- Universal jurisdiction. --- Capitulations --- History. --- Exterritoriality --- Universal jurisdiction --- Principle of universality (International law) --- Quasi-universal jurisdiction --- Universal criminal jurisdiction --- Universality principle (International law) --- Criminal jurisdiction --- Jurisdiction (International law) --- Extraterritoriality --- Jurisdiction, Exterritorial --- International law --- History --- Law and legislation --- Exterritorialité --- Compétence universelle --- Capitulations (droit international) --- Histoire --- Political science. --- Law and legislation. --- Science politique --- Droit --- Exterritorialité --- Compétence universelle

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The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

Human rights --- Criminal law. Criminal procedure --- Torture --- Torture (International law) --- Droit international --- Torts --- Conflict of laws --- Cruelty --- Punishment --- Extraordinary rendition --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law and legislation --- Civil law --- Conflict of laws. --- Human rights. --- Torts. --- Torture. --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- Géographie --- Nations Unies --- Amnistie --- Competence universelle --- Conseil de l'europe --- Droit penal international --- Droits de l'homme --- Prevention