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"TERRITORIAL JURISDICTION"
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China's Strategy in the South China Sea
This article examines China's behaviour in the South China Sea disputes through the lens of its strategy for managing its claims. Since the mid-1990s, China has pursued a strategy of delaying the resolution of the dispute. The goal of this strategy is to consolidate China's claims, especially to maritime rights or jurisdiction over these waters, and to deter other states from strengthening their own claims at China's expense, including resource development projects that exclude China. Since the mid-2000s, the pace of China's efforts to consolidate its claims and deter others has increased through diplomatic, administrative and military means. Although China's strategy seeks to consolidate its own claims, it threatens weaker states in the dispute and is inherently destabilizing. As a result, the delaying strategy includes efforts to prevent the escalation of tensions while nevertheless seeking to consolidate China's claims.
Journal Article
Territory, authority, rights
Where does the nation-state end and globalization begin? InTerritory, Authority, Rights, one of the world's leading authorities on globalization shows how the national state made today's global era possible. Saskia Sassen argues that even while globalization is best understood as \"denationalization,\" it continues to be shaped, channeled, and enabled by institutions and networks originally developed with nations in mind, such as the rule of law and respect for private authority. This process of state making produced some of the capabilities enabling the global era. The difference is that these capabilities have become part of new organizing logics: actors other than nation-states deploy them for new purposes. Sassen builds her case by examining how three components of any society in any age--territory, authority, and rights--have changed in themselves and in their interrelationships across three major historical \"assemblages\": the medieval, the national, and the global.
The book consists of three parts. The first, \"Assembling the National,\" traces the emergence of territoriality in the Middle Ages and considers monarchical divinity as a precursor to sovereign secular authority. The second part, \"Disassembling the National,\" analyzes economic, legal, technological, and political conditions and projects that are shaping new organizing logics. The third part, \"Assemblages of a Global Digital Age,\" examines particular intersections of the new digital technologies with territory, authority, and rights.
Sweeping in scope, rich in detail, and highly readable,Territory, Authority, Rightsis a definitive new statement on globalization that will resonate throughout the social sciences.
eBook
Asia's new battlefield
This compact, insightful book offers an up-to-the-minute guide to understanding the evolution of maritime territorial disputes in East Asia, exploring their legal, political-security and economic dimensions against the backdrop of a brewing Sino-American rivalry for hegemony in the Asia-Pacific region. It traces the decades-long evolution of Sino-American relations in Asia, and how this pivotal relationship has been central to prosperity and stability in one of the most dynamics regions of the world. It also looks at how middle powers - from Japan and Australia to India and South Korea - have joined the fray, trying to shape the trajectory of the territorial disputes in the Western Pacific, which can, in turn, alter the future of Asia - and ignite an international war that could re-configure the global order. The book examines how the maritime disputes have become a litmus test of China's rise, whether it has and will be peaceful or not, and how smaller powers such as Vietnam and the Philippines have been resisting Beijing's territorial ambitions. Drawing on extensive discussions and interviews with experts and policy-makers across the Asia-Pacific region, the book highlights the growing geopolitical significance of the East and South China Sea disputes to the future of Asia - providing insights into how the so-called Pacific century will shape up.
eBook
China as a polar great power
\"China as a Polar Great Power evolved from an initial request from my Antarctic colleagues at the University of Canterbury in 2006 to investigate why China was suddenly spending so much money on Antarctic affairs, to the present in-depth study of the place that the polar regions plays in China's global strategy\"-- Provided by publisher.
Book
A Presumption Against Extrajurisdictionality
How far does U.S. law reach beyond U.S. borders? In principle, Congress could extend its laws as far as it likes, but Congress often fails to make its intentions clear. Many statutes do not specify their geographic scope, instead using general terms that have no inherent limit. Federal courts have long employed interpretive rules, or canons, to guide their construction of such statutes. The canon most commonly cited is the presumption against extraterritoriality, which states that “legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.” The simplicity of this language masks difficult questions. Does the “territorial jurisdiction of the United States” include only territory within the national boundaries, or does it extend to territory outside those boundaries but within U.S. control? How should the presumption apply to actions taken abroad that cause effects within U.S. territory, however defined? What implications does the presumption have for situations within U.S. territory but also within the jurisdiction of another country, such as foreign ships in a U.S. port? When the presumption does apply, what evidence of “contrary intent” is necessary to overcome it?
Journal Article
The South China Sea : a crucible of regional cooperation or conflict-making sovereignty claims?
\"As a primary trade route for more than half of the world's shipping, the location of potentially huge oil and gas reserves, and the main source of protein in maritime South- East Asia, the South China Sea is a governing determinant of security, prosperity and development in East Asia and the wider Indo-Pacific region. The disputes in the South China Sea have long been seen as a source of tension and instability in the region. Although peace has been maintained until now, the South China Sea is the epicentre of changes in the international balance of power which have the potential to trigger military conflict. The South China Sea sovereignty disputes are among the most complicated in the world and engage claims from Brunei, China, Malaysia, Philippines, Taiwan, and Vietnam. Given the complex convergence of national interests in the region, the prospect of settling the decades-old disputes completely is very slim\"-- Provided by publisher.
Book
USING FOREIGN RELATIONS LAW TO LIMIT EXTRATERRITORIAL APPLICATION OF THE FOREIGN CORRUPT PRACTICES ACT
Because the Foreign Corrupt Practices Act (FCPA) can be used to regulate conduct that has but a tangential connection to the United States, the statute exemplifies the potential difficulties of applying U.S. criminal law extraterritorially. The FCPA's heightened enforcement environment and the norm of deferred-prosecution agreements that settle FCPA charges out of court combine to increase the probability that a foreign individual or firm will be prosecuted under the FCPA for bribery that occurred in and affected a foreign country. This Note proposes drawing from the presumption against extraterritoriality, a concept from foreign relations law, to find a reasonable limit to the territorial provision of the FCPA, which applies to foreign individuals and foreign companies that are not listed as issuers in the United States.
Journal Article