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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.
This volume investigates the evolving conceptual framework of jurisdiction in international law and its capacity to address modern globalized legal challenges. The text, edited by Fiona Leigh and featuring contributions from leading legal scholars, critiques the reliance on traditional doctrines such as territoriality and nationality. It argues that the current international legal order requires a modernized understanding of how authority is exercised across borders, particularly in light of non-State actors and extraterritorial applications.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a comprehensive reference for understanding the complexities of state authority in a globalized context. Readers frequently note the academic density of the prose, which serves as a foundational resource for advanced students and researchers in international law.
Page Count:
612
Publication Date:
2019-01-01
Publisher:
OUP Oxford
ISBN-10:
0191089370
ISBN-13:
9780191089374
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