Chapter 37: Jurisdiction
Restricted access

The aim, and the very raison d'être, of the law of jurisdiction has historically been to legally delimit spheres of State power and prevent international conflict from arising. In the classic view, the international law of jurisdiction aspires to prevent global chaos flowing from different States applying their own laws to one and the same situation. In a world characterized by increasing interdependence and multiple identities, the normative force of this ordering goal may not have run out of breath. Concurrently, however, a law of jurisdiction that limits itself to keeping States at arm’s length from each other may fail to recognize that States have adopted common substantive norms and have set joint goals, for whose actual realization the international community may crucially depend on unilateral action. The limits of such action in the global interest are a key challenge for a modern law of jurisdiction.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account