Jurisdiction

Page 1 of 25

Filter category

Feature post image

EJIL:The Podcast! Episode 17 – “What’s wrong with the international law on jurisdiction?”

What conduct occurring where are states allowed to regulate? The international law on jurisdiction provides part of the answer. But international lawyers use different images when conceptualising the geographical reach of states' jurisdiction to prescribe their laws. In this podcast, the two contenders in a debate in issue 33(2) of the European Journal of International Law engage with each other’s images and their ensuing conclusions as to the international law of jurisdiction. Nico Krisch posits that the traditional image is inappropriate, that in practice jurisdiction - at least when it relates to global markets - has come "unbound" and that this unbound jurisdiction has allowed economically powerful states to exercise global governance in a hierarchical fashion, triggering fresh demands for public accountability. Roger O’Keefe replies that this supposedly traditional image was never his understanding, argues that…

Read more

Jurisdictional Hierarchies between Form and Fact: A Rejoinder to Roger O’Keefe

To what extent is the law of jurisdiction implicated in (hierarchical) structures of global governance? My article, ‘Jurisdiction Unbound: (Extra)territorial Regulation as Global Governance‘, pursues this question and traces how the current law of jurisdiction, quite in contrast with the often territorial, sovereignty-based imagery surrounding it, is highly permissive, especially when it comes to extraterritorial business regulation.

Read more

Al-Masarir v Saudi Arabia: A route to state accountability for spyware

Background On 19 August 2022, Knowles J denied Saudi Arabia’s claim to immunity in the case of Al Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199. The claimant was a human rights activist and critic of the Saudi Arabian government who had been residing in the UK. The factual background to his claim…

Read more

Territorial Jurisdiction of the International Criminal Court over the Russian Leadership: Locus Delicti in Complicity Cases

Note by the editors: this is a contribution from an author in Russia, whose identity, affiliation and qualifications are known to the editors. In line with our policy and in light of the grave and ongoing threats to academic freedom and freedom of expression in Russia, the author has requested to remain anonymous.

Read more

Ukraine Files ICJ Claim against Russia

Earlier today President Zelenskyy announced that Ukraine has filed an application against Russia before the International Court of Justice: Ukraine has submitted its application against Russia to the ICJ. Russia must be held accountable for manipulating the notion of genocide to justify aggression. We request an urgent decision ordering Russia to cease…

Read more
  • Page 1 of 25
  • Last