Beyond Territoriality: Transnational Legal Authority in an Age of Globalization

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Gunther Handl, Joachim Zekoll, Peer Zumbansen
Martinus Nijhoff Publishers, 2012 - Law - 566 pages
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Taking extraterritoriality, the traditional touchstone for the state-centered allocation of transnational legal authority, as its conceptual starting point the book traces the evolution of transnational legal authority in the course of globalization. It examines various representative transnational legal scenarios, covering issues of, "inter alia," the environment, foreign trade and investment, corporate governance, criminal justice, cyberspace, and arms control. The end result is a complex, yet nuanced picture of today s global governance architecture in which transnational legal authority may be exercised unilaterally or multilaterally; be minimally coordinated internationally or formally institutionalized; reflect a traditional state-centered, a supra-national or privatized" approach; and be rooted in a single or a multiple-layered normative system.
 

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Contents

BASIC CONCEPTS AND HISTORY
11
TRANSBOUNDARY EFFECTS OF THE EXERCISE OF TERRITORIAL SOVEREIGNTY
125
THE EXPORT OF LEGAL CONCEPTS AND FUNDAMENTAL RIGHTS
259
REAL AND VIRTUAL EXTRATERRITORIAL SPACES
325
EMERGING GLOBAL GOVERNANCE STRUCTURES FIRMLY ROOTED IN THE STATE SYSTEM ...
371
CONCLUSION
549
Index
559
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About the author (2012)

G nther Handl is the Eberhard Deutsch Professor of Public International Law at Tulane University Law School in New Orleans. He is an expert in the field of public international law, international environmental law and law of the sea. Joachim Zekoll is University Professor at the Goethe University in Frankfurt am Main. He holds the chair for Private Law, Civil Procedure and Comparative Law. He has published extensively in the fields of transnational litigation and comparative law.

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