Beyond Territoriality

Transnational Legal Authority in an Age of Globalization


Taking “extraterritoriality,” the traditional touchstone for the state-centered allocation of transnational legal authority, as its conceptual starting point the book traces the evolution of transnational legal authority in the course of globalization. It examines various representative transnational legal scenarios, covering issues of, inter alia, the environment, foreign trade and investment, corporate governance, criminal justice, cyberspace, and arms control. The end result is a complex, yet nuanced picture of today’s global governance architecture in which transnational legal authority may be exercised unilaterally or multilaterally; be minimally coordinated internationally or formally institutionalized; reflect a traditional state-centered, a supra-national or “privatized" approach; and be rooted in a single or a multiple-layered normative system.

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Günther Handl is the Eberhard Deutsch Professor of Public International Law at Tulane University Law School in New Orleans. He is an expert in the field of public international law, international environmental law and law of the sea.

Joachim Zekoll is University Professor at the Goethe University in Frankfurt am Main. He holds the chair for Private Law, Civil Procedure and Comparative Law. He has published extensively in the fields of transnational litigation and comparative law.

Peer Zumbansen is Professor of Law and Canada Research Chair in Transnational Economic Governance and Legal Theory at Osgoode Hall Law School, York University in Toronto. He has published extensively in the field of legal theory and global governance.

List of Contributors

List of Abbreviations

Part I: Introduction

Part II: Basic Concepts and History

Part III: Transboundary Effects of the Exercise of Territorial Sovereignty

Part IV: The Export of Legal Concepts and Fundamental Rights

Part V: Real and Virtual Extra-Territorial Spaces

Part VI: Emerging Global Governance Structures Firmly Rooted in the State System
A. Corporate Governance and Antitrust
B. Trade, Investment and Financial Markets
C. Arms Control and Disarmament

Part VII: Conclusion
All those interested in public international law, international relations, legal theory as well as comparative constitutional and private law.