This volume, creatively co-edited by Lucia Leontiev and Manuel José Segovia González, offers a timely examination of one of the most dynamic and contested issues in contemporary public international law: the exercise of state jurisdiction beyond national borders.
Adopting an empirical approach beyond doctrinal analysis, the book innovatively conceptualizes extra-territoriality as a complex phenomenon shaped by the interaction between legal, political, and practical considerations. Its aim is to assess the significance of politics and international law in the exercise of extra-territorial jurisdiction by exploring the challenges arising within the shifting landscape of international relations. To this end, the volume presents twelve case studies, each analysing how legal and policy factors influence the exercise of extra-territorial jurisdiction in specific national contexts.
Significantly, the book transcends the traditional geopolitical dichotomies (such as East vs. West or Global North vs. Global South), favouring instead thematic and geographical breadth, which sets it apart from other works on the topic. The contributions cover diverse social, economic, and cultural settings, enabling a comparative assessment of the motivations underlying the exercise of extra-territorial jurisdiction in each selected country. This analysis reveals that, despite differing legal traditions and political orientations, discernible patterns are emerging in states’ exercise of jurisdiction beyond national borders – patterns that are systematically reflected in the volume’s structure.
The book is organised in three parts, each corresponding to a distinct state attitude towards extra-territoriality. The first part examines reactive approaches to extra-territoriality, showing how certain states – notably, France, India, Russia, Turkey, Iran, and Israel – have understood and implemented it as a tool to project geopolitical influence and advance strategic interests beyond their national borders. The second part focuses on transitive approaches to extra-territoriality in common law states – notably the United Kingdom, Australia, and the United States – where the traditional tendency to confine domestic jurisdiction to national territory is gradually evolving into a strictly circumscribed exception. The third part explores progressive approaches towards extra-territoriality in Italy, South Africa, and Argentina, showing how these states have increasingly exercised their jurisdiction abroad in the name of human rights and international community interests. While each chapter addresses a specific national context, the contributions are curated to foster an implicit comparative dialogue, allowing readers to discern common trends across otherwise diverse legal systems.
The volume points to the possibility that a new pattern of state practice in the exercise of extra-territorial jurisdiction may be emerging, with potentially significant implications. Incremental developments across jurisdictions could cumulatively contribute to the formation of customary international law. The book neither overstates this prospect nor calls for doctrinal revolution; rather, it carefully maps the terrain, suggesting that a gradual paradigmatic shift may already be underway. This balanced and rigorous approach further reinforces the volume’s scholarly value.
In conclusion, this book provides a comprehensive and forward-looking analysis of a rapidly evolving field. By encouraging readers to draw their own conclusions, the volume fosters constructive engagement with a topic at the intersection of law, politics, and global governance and offers a significant contribution to contemporary debates on state jurisdiction and extra-territoriality.
Competing interests
The author declares none.