"The concept of extraterritoriality designates certain relationships between space, law, and representation. This collection of essays explores contemporary manifestations of extraterritoriality and the diverse ways in which the concept has been put to use in various disciplines. Some of the essays were written especially for this volume; others are brought here together for the first time. The inquiry into extraterritoriality found in these essays is not confined to the established boundaries of political, conceptual, and representational territories or fields of knowledge; rather, it is an invitation to navigate the margins of the legal-juridical and the political, but also the edges of forms of representation and poetics.Within its accepted legal and political contexts, the concept of extraterritoriality has traditionally been applied to people and to spaces. In the first case, extraterritorial arrangements could either exclude or exempt an individual or a group of people from the territorial jurisdiction in which they were physically located; in the second, such arrangements could exempt or exclude a space from the territorial jurisdiction by which it was surrounded. The special status accorded to people and spaces had political, economic, and juridical implications, ranging from immunity and various privileges to extreme disadvantages. In both cases, a person or a space physically included within a certain territory was removed from the usual system of laws and subjected to another. In other words, the extraterritorial person or space was held at what could be described as a legal distance. (In this respect, the concept of extraterritoriality presupposes the existence of several competing or overlapping legal systems.) It is this notion of being held at a legal distance around which the concept of extraterritoriality may be understood as revolving.

Focusing on treaties jeopardized during the 'war on terror', this book investigates whether and to what extent human rights treaties apply to states acting abroad. It proposes a way to accommodate conflicting interests, while preserving the effective protection of basic rights.

The future of fiction is neither global nor national. Instead, Matthew Hart argues, it is trending extraterritorial. Extraterritorial spaces fall outside of national borders but enhance state power. They cut across geography and history but do not point the way to a borderless new world. They range from the United Nations headquarters and international waters to CIA black sites and the departure zones at international airports. The political geography of the present, Hart shows, has come to resemble a patchwork of such spaces. Hart reveals extraterritoriality’s centrality to twenty-first-century art and fiction. He shows how extraterritorial fictions expose the way states construct “global” space in their own interests. Extraterritorial novels teach us not to mistake cracks or gradations in political geography for a crisis of the state. Hart demonstrates how the unstable character of many twenty-first-century aesthetic forms can be traced to the increasingly extraterritorial nature of contemporary political geography. Discussing writers such as Margaret Atwood, J. G. Ballard, Amitav Ghosh, Chang-rae Lee, Hilary Mantel, and China Miéville, as well as artists like Hito Steyerl and Mark Wallinger, Hart combines lively critical readings of contemporary novels with historical and theoretical discussions about sovereignty, globalization, cosmopolitanism, and postcolonialism. Extraterritorial presents a new theory of literature that explains what happens when dreams of an open, connected world confront the reality of mobile, elastic, and tenacious borders.

This monograph analyses the historical evolution of the laws of occupation as a special branch of international humanitarian law (IHL), focusing on the extent to which this body of law has been transformed by its interaction with the development of international human rights law. It argues that a large part of the laws of occupation has proved to be malleable while being able to accommodate changing demands of civilians and any other persons affected by occupation in modern context. Its examinations have drawn much on archival research into the drafting documents of the instruments of IHL, including the aborted Brussels Declaration 1874, the 1899/1907 Hague Regulations, the 1949 Geneva Conventions and the 1977 Additional Protocol I. After assessing the complementary relationship between international human rights law and the laws of occupation, the book examines how to provide a coherent explanation for an emerging framework on the rights of individual persons affected by occupation. It engages in a theoretical appraisal of the role of customary IHL and the Martens clause in building up such a normative framework.

Globalization challenges fundamental principles governing international law, especially with respect to state sovereignty and international relations. This transformation has had a significant impact on the practice of trade law, financial regulation, and environmental law but relatively little effect on one area of law and regulation: human rights. Universal Human Rights and Extraterritorial Obligations examines both the international and domestic foundations of human rights law. What other contemporary human rights debates have almost totally ignored is that in an increasingly interdependent world—where public and private international actors have great influence on the lives of individuals everywhere—it is insufficient to assess only the record of domestic governments in human rights. It is equally important to assess the effect of actions taken by intergovernmental organizations, international private entities, and foreign states. From this standpoint, contributors to this book address how states' actions or omissions may affect the prospects of individuals in foreign states and asks important questions: To what extent do agricultural policies of rich countries influence the right to food in poorer countries? How do decisions to screen asylum seekers outside state borders affect refugee rights? How does cooperation among different states in the "war on terror" influence individuals' rights to be free from torture? This volume presents a brief for a more complex and updated approach to the protection of human rights worldwide.

Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government - all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.

Jus post bellum is the body of international legal norms and rules of international law that applies to a post-conflict situation as it moves to a status of peace. This book provides a detailed legal analysis of all aspects of jus post bellum, and uses case studies to show its relevance to the reality of situations on the ground.

This book engages with pivotal examples of extraterritoriality-from Antiquity and into the twenty first century-in order to broaden the original judicial and geographical definition and thereby include physical and digitized information, and visual data in particular. By focusing on a critical incident of recent Middle Eastern history-namely,the Gaza Freedom Flotilla of 2010 which sailed against Israel's enduring blockade-it shows how the device of extraterritoriality shapes not only the political situation in Gaza, the legal status of the maritime environment in which the flotilla incident took place, and the judicial actions taken in response but also reveals how the concept of extraterritoriality is key to explaining the State's subsequent efforts to confiscate and monopolize all visual evidence of its alleged violations of international statutes. Through the lens of the missing visual evidence characterizing the Mavi Marmara incident after-effects, it explores how the legal system's ability to evade transparency seems to be a built-in condition for eluding criminal accountability at the international level, with the emphasis on extraterritoriality's fundamental role in fashioning our current legal and political orders.

Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.

World History: A Concise Thematic Analysis presents the highly anticipated second edition of the most affordable and accessible survey of world history designed for use at the college level. This text offers a comparative analysis of great civilizations of Eurasia, Africa, and the Americas in an engaging narrative that contextualizes history instead of drowning students in a sea of facts. Themes addressed include population dynamics, food production challenges, disease history, warfare, and others. Instructor resources are available online for this text. This new edition of World History: A Concise Thematic Analysis features a newly-designed interior organization to enhance navigation and comprehension of the material. An instructors' test bank is available online.