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"EXTERRITORIALITY"
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Legal Imperialism
Legal Imperialism examines the important role of nineteenth-century Western extraterritorial courts in non-Western states. These courts, created as a separate legal system for Western expatriates living in Asian and Islamic countries, developed from the British imperial model, which was founded on ideals of legal positivism. Based on a cross-cultural comparison of the emergence, function, and abolition of these court systems in Japan, the Ottoman Empire, and China, Turan Kayaoglu elaborates a theory of extraterritoriality, comparing the nineteenth-century British example with the post-World War II American legal imperialism. Ultimately, his research provides an innovative basis for understanding the assertion of legal authority by Western powers on foreign soil and the influence of such assertion on ideas about sovereignty.
eBook
The territorial reach of European Union law
This article offers a reconstruction of how the Court of Justice of the European Union (EU) justifies the territorial scope of application of EU law. Scholarship on this issue tends to advocate for an expansive projection of EU norms in the pursuit of global values, subject to the external limits of public international law. This article will develop a critique of this approach by pointing to its underlying assumptions as to the territorial dimension of the EU's rule, the insoluble practical issues that it leads to, and the need to consider differently the EU's spatial identity and relation to the wider world. It will also be argued that, in fact, other case law sometimes already reflects an alternative vision, by imagining the EU implicitly, not as a 'global actor' promoting universal values, but as a concretely situated and spatially bounded community. It will be shown that this is so with the methodological help of private international law, and in particular three doctrines that are traditional to this discipline-the localisation of cross- border relations, international imperativeness, and the public policy exception. This will ultimately allow for a more sophisticated understanding of the EU's territory to emerge-irreducible to the physical coordinates of its acts of intervention, or the mere sum of the physical spaces under Member State sovereignty, but as a distinct space of social relations, informed and delineated by the particular axiology and structure of the EU legal system.
Journal Article
PRESERVING GOVERNMENT CONTRACTOR SPEECH RIGHTS: OVERLOOKED IMPLICATIONS OF THE SUPREME COURT'S DECISIONS IN AOSI I AND AOSI II
The federal government often turns to private contractors and nongovernmental organizations to engage in critical work at home and overseas. These government contracts seek to advance a myriad of policy goals that may implicate controversial political or moral ideas and put the government at odds with its contractors. This Note will analyze this dynamic in the context of America's global fight against HIV/AIDS. Through a series of two cases--AOSI I and AOSI II--the U.S. Supreme Court initially protected and then undermined contractor speech in contravention of Congress's will, and in turn hamstrung efforts to combat HIV/AIDS abroad. This Note will then turn to possible solutions to remedy the wrong of AOSI II. Namely, this Note advocates for strong congressional action to reform the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.
Journal Article
Neither Here nor There
Fraudulent schemes increasingly rely on wire transmissions and the internet as the economy and communications digitize. To combat these schemes, prosecutors have applied the wire fraud statute, 18 U.S.C. § 1343, to defendants located domestically and abroad. Applying the current standard for extraterritoriality under Morrison v. National Australia Bank Ltd., circuit courts disagree as to whether the wire fraud statute applies extraterritorially. But courts consistently apply an easily met standard when determining if the wire fraud statute should apply domestically under Morrison. This reaches many defendants located abroad. This Comment argues that this broad domestic application of the wire fraud statute shields courts from asking whether the statute applies extraterritorially. Further, this Comment argues that courts' domestic application of the wire fraud statute is sufficiently broad as to begin to resemble extraterritoriality because courts can almost always find sufficient domestic activity to apply the wire fraud statute. This Comment argues that wire transmissions are sufficiently geographically ambiguous that using a singular statutory focus under Morrison to evaluate whether wire fraud applies domestically is inadequate. In response to that inadequacy, this Comment proposes a new solution that incorporates additional statutory information in evaluating the statute's domestic application. This solution would better protect defendants from arbitrary domestic application of the wire fraud statute and validate the tenets underlying the doctrine of extraterritoriality.
Journal Article