Abstract
Discussion of extraterritoriality focussing on capitulation theories looks backwards at an historical period. The present need is to study extraterritoriality used by hegemonic states both in an oppressive manner to advance their national interests and in a manner that protects common interests. As hegemonic power of the United States recedes, new actors like China and India will come to use extraterritoriality largely in an offensive manner. Preoccupation with the past is inapposite in a field in which the rapid developments are taking place. A theory must be found that permits defensive extraterritoriality that promotes community interests while curbing the offensive extraterritoriality that enhances the interests of the hegemonic powers.
Recommended Citation
Sornarajah, Muthucumaraswamy
(2024)
"Theorising Extraterritorial Jurisdiction: The Travails of TWAIL,"
National Law School of India Review: Vol. 35:
Iss.
2, Article 5.
DOI: 10.55496/YWFY7317
Available at:
https://repository.nls.ac.in/nlsir/vol35/iss2/5
Digital Object Identifier (DOI)
10.55496/YWFY7317
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