ABSTRACT

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 book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.

chapter |10 pages

Introduction

ByDaniel S. Margolies, Umut Özsu, Maïa Pal, Ntina Tzouvala

part Part I|56 pages

What is extraterritoriality?

chapter 1|17 pages

Ways of doing extraterritoriality in scholarship

ByJohn D. Haskell

chapter 2|19 pages

In the middle of nowhere

The futile quest to distinguish territoriality from extraterritoriality
ByPéter D. Szigeti

chapter 3|18 pages

Moving beyond the e-word in the Anthropocene

BySara L. Seck

part Part II|100 pages

Constituting and contesting extraterritoriality

chapter 5|17 pages

‘Uneven empires’

Extraterritoriality and the early trading companies
ByKate Miles

chapter 6|15 pages

Protégé problems

Qing officials, extraterritoriality, and global integration in nineteenth-century China
ByRichard S. Horowitz

chapter 7|15 pages

Drinking water by the sea

Real and unreal property in the mixed courts of Egypt
ByMai Taha

chapter 8|17 pages

‘And the laws are rude … crude and uncertain’

Extraterritoriality and the emergence of territorialised statehood in Siam
ByNtina Tzouvala

chapter 9|16 pages

Imperial reorderings in US zones and regulatory regimes, 1934–50

ByDaniel S. Margolies

part Part III|61 pages

Extraterritoriality in the contemporary world-system

chapter 11|17 pages

Extraterritoriality as an analytic lens

Examining the global governance of transnational bribery and corruption
ByEllen Gutterman

chapter 12|15 pages

From extraterritorial jurisdiction to sovereignty

The annexation of Palestine
ByAlice M. Panepinto

chapter 13|13 pages

Extraterritoriality reconsidered

Functional boundaries as repositories of jurisdiction
ByEzgi Yildiz