Selfless Intervention The Exercise of Jurisdiction in the Common Interest 1st Edition by Cedric Ryngaert 0198851782 9780198851783

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ISBN 10: 0198851782

ISBN 13: 9780198851783

Author: Cedric Ryngaert

Should states intervene in situations outside of their own territory in order to safeguard or promote the common good? In this book, Cedric Ryngaert addresses this key question, looking at how the international law of state jurisdiction can be harnessed to serve interests common to the international community. The author inquires how the purpose of the law of jurisdiction may shift from protecting national interests to furthering international concerns, such as those relating to the global environment and human rights. Such a shift is enabled by the instability of the notion of jurisdiction, as well as the interpretative ambiguity of the related notions of sovereignty and territoriality. There is no denying that, in the real world, ‘selfless intervention’ by states tends to combine with more insular considerations. This book argues, however, that such considerations do not necessarily detract from the legitimacy of unilateralism, but may precisely serve to trigger the exercise of jurisdiction in the common interest.

Selfless Intervention The Exercise of Jurisdiction in the Common Interest 1st Table of contents:

1. International Law and Cosmopolitanism

1.1 On Cosmopolitanism and Realism

1.2 From Multilateral to Unilateral Cosmopolitanism

1.3 Techniques of Extraterritoriality: Private Regulation Versus State Unilateralism

1.4 Methodology

1.5 Structure

2. Selfless Intervention: The Promise of Unilateral Jurisdiction

2.1 Unilateral Action Compensating for Multilateral Failures

2.2 The ‘International Community’ Served by Unilateral Action

2.2.1 Erga omnes obligations

2.2.2 Global public goods and global problems

2.3 The Cosmopolitan State as a Benevolent Hegemon

2.4 Reinterpreting Sovereignty

2.5 Reinterpreting State Consent: Beyond Formalism

2.6 Positive Law Authorizations and Obligations to Exercise Jurisdiction in the Common Interest

2.7 Concluding Observations

3. Selfless Jurisdiction and the National Interest: Between Cosmopolitanism and Parochialism

3.1 Allocating the Exercise of Jurisdiction

3.2 Cosmopolitan Jurisdiction and the National Interest

3.2.1 Universal criminal jurisdiction: public prosecutors and the national interest

3.2.2 Jurisdiction and transnational business regulation

3.3 Independent Courts and the National Interest

3.4 Concluding Observations

4. Limitations to the Exercise of Prescriptive Jurisdiction in the Common Interest

4.1 Reasonableness

4.2 International Recognition of Common Interests

4.3 Democratic Participation

4.3.1 Foundations and principles of participation

4.3.2 The reality of participation

4.3.3 Participation in dispute settlement

4.3.4 Concluding observations

4.4 Equivalence

4.5 Transfers

4.6 Concluding Observations

5. The Selfless Exercise of Jurisdiction to Protect Human Rights and the Environment

5.1 Introduction

5.1.1 The jurisdictional capabilities of territoriality

5.1.2 Scope and focus of the specific part

5.1.3 Structure

5.2 Port State Jurisdiction regarding IUU Fishing and Vessel-Source Pollution

5.2.1 Residual port state powers and denial of entry

5.2.2 Port state jurisdiction over territorial offences

5.2.3 A novel jurisdictional ground for port state measures in the common interest?

5.2.4 Port state jurisdiction as parochial cosmopolitanism

5.2.5 Port state jurisdiction between unilateralism and multilateralism

5.2.6 Reasonableness

5.2.7 Concluding observations

5.3 Unilateral Trade Measures regarding Global Environmental Challenges

5.3.1 Trade and the environment: the WTO approach

5.3.2 Trade law and jurisdictional nexus

5.3.3 Jurisdictional reasonableness and the GATT

5.3.4 Concluding observations

5.4 The Right to a Remedy in Tort in Transnational Business and Human Rights Litigation

5.4.1 Domicile and connected claims

5.4.2 Forum of necessity

5.4.3 Universal civil jurisdiction

5.4.4 Other jurisdictional grounds

5.4.5 Sovereignty concerns and reasonableness

5.4.6 Concluding observations

5.5 Extraterritoriality in the Internet Era—The Case of Data Protection

5.5.1 Data protection as an emerging global value

5.5.2 The (extra-)territoriality of EU data protection legislation

5.5.3 Extraterritorial obligations

5.5.4 Data protection extraterritoriality and international conflict

5.5.5 Reasonableness

5.5.6 Concluding observations

6. Concluding Observations

6.1 Cosmopolitanism and the State

6.2 Selfless Intervention, Jurisdiction, and State Sovereignty

6.3 The Capaciousness of Territoriality

6.4 Territoriality and the Common Interest

6.5 Limitations

6.6 Selfless Intervention and the National Interest

6.7 Unilateralism as Global Governance

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