Courts Without Borders: Law, Politics, and Us Extraterritoriality

ISBN-13: 9781316502075 / Angielski / Miękka / 2017 / 329 str.

Tonya L. Putnam

Opis

This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.

Recenzje

'For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequently dislike in both principle and practice. Putnam proposes a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law, emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities.' Law and Social Inquiry

Spis treści

1. Introduction; 2. A theory of judicial extraterritoriality; 3. US domestic courts and transnational governance; 4. Extraterritoriality in the absence of agreement: international antitrust; 5. Extraterritoriality's limits and US bargaining over intellectual property protections; 6. US extraterritoriality and human rights: shaping a treaty regime from within; 7. The waning of US extraterritoriality?