ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

Tuesday 3 September 2019

BOOK: Stephen ALLEN, Daniel COSTELLOE, Malgosia FITZMAURICE, Paul GRAGL & Edward GUTRIP (eds.), The Oxford Handbook of Jurisdiction in International Law [Oxford Handbooks] (Oxford, OUP, 2019), 624p. ISBN 9780198786146, 125 GBP

Table of contents:

  • Stephen Allen, Daniel Costelloe, Malgosia Fitzmaurice, Paul Gragl, & Edward Guntrip, Introduction: Defining State Jurisdiction and Jurisdiction in International Law
  • Kaius Tuori, The Beginnings of State Jurisdiction in International Law until 1648
  • Stephane Beaulac, The Lotus Case in Context - Sovereignty, Westphalia, Vattel, Positivism
  • Nurfadzilah Yahaya, The European Concept of Legal Jurisdiction in the Colonies
  • Stephan Wittich, Immanuel Kant and Jurisdiction in International Law
  • Helen Quane, Navigating Diffuse Jurisdictions: An Intra-State Perspective
  • Paul Schiff Berman, Jurisdictional Pluralism
  • Mariana Valverde, Deepening the Conversation Between Sociolegal Theory and Legal Scholarship About Jurisdiction
  • Shaun McVeigh, Critical Approaches to Jurisdiction and International Law
  • Cedric Ryngaert, Cosmopolitan Jurisdiction and the National Interest
  • Paul Gragl, Jurisdictional Immunities of the State in International Law
  • Dino Kritsiotis, The Establishment, Change, and Expansion of Jurisdiction through Treaties
  • Uta Kohl, Territoriality and Globalization
  • Alex Mills, Private law Regulation and Private Interests in Public International Law Jurisdiction
  • Kimberly Trapp, Jurisdiction and State Responsibility
  • Stephen Allen, Enforcing Criminal Jurisdiction in the Clouds and International Law's Enduring Commitment to Territoriality
  • Wouter Vandehole, The 'J' word: Driver or Spoiler of Change in Human Rights Law?
  • Edward Guntrip, International Investment Law, Hybrid Authority and Jurisdiction Daniel Costelloe, Concepts of State Jurisdiction in the Contentious and Advisory Jurisprudence of the International Court of Justice and the Permanent Court of International Justice
  • Georg Kerschischnig & Blanca Montejo The Evolving Nature of the Jurisdiction of the Security Council - a Look at Twenty-First Century Practice
  • Kirsten Schmalenbach, International Criminal Jurisdiction Revisited
  • James Summers, Jurisdiction and International Territorial Administration
Book abstract:
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.
More information with OUP.

(source: International Law Reporter)