The Oxford Handbook of Jurisdiction in International Law 1st Edition

The Oxford Handbook of Jurisdiction in International Law 1st Edition- Ebook Instant Download/Delivery ISBN(s): 9780198786146,019878614X,9780191089374, 0191089370

Product details:

• ISBN 10: 0191089370
• ISBN 13:  9780191089374
• Author: Stephen Allen, Daniel Costelloe, Malgosia Fitzmaurice, Paul Gragl,  Edward Guntrip

The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

Table contents:

1. Introduction: Defining State Jurisdiction and Jurisdiction in International Law

2. The Beginnings of State Jurisdiction in International Law until 1648

3. The Lotus Case in Context: Sovereignty, Westphalia, Vattel, and Positivism

4. The European Concept of Jurisdiction in the Colonies

5. Immanuel Kant and Jurisdiction in International Law

6. Navigating Diffuse Jurisdictions: An Intra-State Perspective

7. Jurisdictional Pluralism

8. Deepening the Conversation between Socio-Legal Theory and Legal Scholarship about Jurisdiction

9. Critical Approaches to Jurisdiction and International Law

10. Cosmopolitan Jurisdiction and the National Interest

11. Jurisdictional Immunities of the State in International Law

12. The Establishment, Change, and Expansion of Jurisdiction through Treaties

13. Territoriality and Globalization

14. Private Interests and Private Law Regulation in Public International Law Jurisdiction

15. Jurisdiction and State Responsibility

16. Enforcing Criminal Jurisdiction in the Clouds and International Law’s Enduring Commitment to Territoriality

17. The ‘J’ Word: Driver or Spoiler of Change in Human Rights Law?

18. International Investment Law, Hybrid Authority, and Jurisdiction

19. Conceptions of State Jurisdiction in the Jurisprudence of the International Court of Justice and the Permanent Court of International Justice

20. The Evolving Nature of the Jurisdiction of the Security CouncilA Look at Twenty-First-Century Practice

21. International Criminal Jurisdiction

22. Jurisdiction and International Territorial Administration

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