Charting Extraterritoriality: Jurisdiction, Corporate Conduct, and Environmental Harm

Authors

Kalika Mehta

Abstract

Chimni’s TWAIL critique of the principle of jurisdiction, the subject of this symposium, implicates its development with the evolution of capitalism. Against this backdrop, this paper uniquely focuses on international criminal law and the selective application of principle of extraterritorial jurisdiction, particularly its exclusion of corporate entities from prosecution for large-scale violence. Through an analysis that engages with Chimni’s critique, the paper illustrates how these extraterritorial prosecutions align with the mainstream liberal theory of jurisdiction, while also exposing gaps in corporate accountability. Further, the paper contributes to ongoing legal reform debates by exploring the proposed international crime of ecocide, a novel legal response to environmental damage that not only challenges territorial jurisdiction but also directly implicates corporate activities. This dual focus on extraterritoriality and corporate accountability aims to provide a critical perspective on the future of international criminal law, advocating for the expansion of its scope beyond individual actors to address pressing global challenges.

Recommended Citation

Mehta, Kalika (2024) "Charting Extraterritoriality: Jurisdiction, Corporate Conduct, and Environmental Harm," National Law School of India Review: Vol. 35: Iss. 2, Article 7.
DOI: 10.55496/RQVO5977
Available at: https://repository.nls.ac.in/nlsir/vol35/iss2/7

Digital Object Identifier (DOI)

10.55496/RQVO5977