The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate.
This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.
Part I: Introduction
1: Introduction: Defining State Jurisdiction and Jurisdiction in International Law, Stephen Allen, Daniel Costelloe, Malgosia Fitzmaurice, Paul Gragl, and Edward Guntrip
Part II: History
2: The Beginnings of State Jurisdiction in International Law until 1648, Kaius Tuori
3: The Lotus Case in Context – Sovereignty, Westphalia, Vattel, Positivism
4: The European Concept of Legal Jurisdiction in the Colonies, Nurfadzilah Yahaya
5: Immanuel Kant and Jurisdiction in International Law, Stephan Wittich
Part III: Theory
6: Navigating Diffuse Jurisdictions: An Intra-State Perspective, Helen Quane
7: Jurisdictional Pluralism, Paul Schiff Berman
8: Deepening the Conversation Between Sociolegal Theory and Legal Scholarship About Jurisdiction, Mariana Valverde
9: Critical Approaches to Jurisdiction and International Law, Shaun McVeigh
Part IV: General International Law
10: Cosmopolitan Jurisdiction and the National Interest, Cedric Ryngaert
11: Jurisdictional Immunities of the State in International Law, Paul Gragl
12: The Establishment, Change, and Expansion of Jurisdiction through Treaties, Dino Kritsiotis
13: Territoriality and Globalization, Uta Kohl
14: Private law Regulation and Private Interests in Public International Law Jurisdiction, Alex Mills
15: Jurisdiction and State Responsibility, Kimberly Trapp
16: Enforcing Criminal Jurisdiction in the Clouds and International Law’s Enduring Commitment to Territoriality, Stephen Allen
Part V: Contextualizing Jurisdiction – Substantive and Institutional Issues
17: The ‘J’ word: Driver or Spoiler of Change in Human Rights Law?, Wouter Vandehole
18: International Investment Law, Hybrid Authority and Jurisdiction, Edward Guntrip
19: Concepts of State Jurisdiction in the Contentious and Advisory Jurisprudence of the International Court of Justice and the Permanent Court of International Justice, Daniel Costelloe
20: The Evolving Nature of the Jurisdiction of the Security Council – a Look at Twenty-First Century Practice, Georg Kerschischnig and Blanca Montejo
21: International Criminal Jurisdiction Revisited, Kirsten Schmalenbach
22: Jurisdiction and International Territorial Administration, James Summers
Edited by Stephen Allen, Senior Lecturer in Law, Queen Mary, University of London, Daniel Costelloe, Counsel, Wilmer Cutler Pickering Hale and Dorr LLP, London, Malgosia Fitzmaurice, Professor of Public International Law, Queen Mary, University of London, Paul Gragl, Reader in Public International Law and Theory, Queen Mary, University of London, and Edward Guntrip, Lecturer in Law, University of Sussex
Stephen Allen is a Senior Lecturer in Law at Queen Mary, University of London and a barrister with a door tenancy at 5 Essex Court Chambers, London.
Daniel Costelloe is a counsel in the International Arbitration group at Wilmer Cutler Pickering Hale and Dorr LLP in London, where his practice focuses on international disputes and public international law.
Malgosia Fitzmaurice is Professor of Public International Law at Queen Mary, University of London and specializes in international environmental law, the law of treaties, indigenous peoples, and Arctic law.
Paul Gragl is Reader in Public International Law and Theory at Queen Mary, University of London. Besides jurisdiction and state immunity in international law, his research interests include general international law, EU law, and legal theory and philosophy.
Edward Guntrip is a Lecturer in Law at the University of Sussex. His research considers how public international law governs economic activities undertaken in foreign jurisdictions and in areas beyond state jurisdiction.
Contributors:
Stephen Allen
Stéphane Beaulac
Paul Schiff Berman
Daniel Costelloe
Malgosia Fitzmaurice
Paul Gragl
Edward Guntrip
Georg Kerschischnig
Uta Kohl
Dino Kritsiotis
Shaun McVeigh
Alex Mills
Blanca Montejo
Helen Quane
Cedric Ryngaert
Kirsten Schmalenbach
James Summers
Kimberley Trapp
Kaius Tuori
Mariana Valverde
Wouter Vandenhole
Stephan Wittich
Nurfadzilah Yahaya
