Courts without Borders: Law, Politics, and US Extraterritoriality
Autor Tonya L. Putnamen Limba Engleză Paperback – 10 mai 2017
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Specificații
ISBN-13: 9781316502075
ISBN-10: 1316502074
Pagini: 329
Ilustrații: 10 b/w illus. 3 tables
Dimensiuni: 152 x 230 x 18 mm
Greutate: 0.44 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
ISBN-10: 1316502074
Pagini: 329
Ilustrații: 10 b/w illus. 3 tables
Dimensiuni: 152 x 230 x 18 mm
Greutate: 0.44 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
Cuprins
1. Introduction; 2. A theory of judicial extraterritoriality; 3. US domestic courts and transnational governance; 4. Extraterritoriality in the absence of agreement: international antitrust; 5. Extraterritoriality's limits and US bargaining over intellectual property protections; 6. US extraterritoriality and human rights: shaping a treaty regime from within; 7. The waning of US extraterritoriality?
Recenzii
'Courts without Borders makes sense of puzzling patterns in US courts' decisions to assert domestic law internationally. Tonya L. Putnam shows that courts avoid doing so when it would undercut the public policy purposes the law is intended to serve and when rights at the core of American political identity are threatened. Her book is a masterful and compelling account of the politics and principles that support and restrain the long arm of American law overseas.' Beth Simmons, Clarence Dillon Professor of International Affairs, Harvard University, Massachusetts
'This is an important study of critical but understudied questions - when, how, and why do US courts bring US law to bear on persons and conduct outside US territory and how do these decisions affect international outcomes? Putnam's book is lucid, compelling, and extraordinarily well-grounded in empirical details. This is one of the best books to appear on issues of transnational law and governance in recent years.' Eric Voeten, Peter F. Krogh Associate Professor of Geopolitics and Global Justice, Georgetown University, Washington DC
'For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequently dislike in both principle and practice. Putnam proposes a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law, emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities.' Law and Social Inquiry
'This is an important study of critical but understudied questions - when, how, and why do US courts bring US law to bear on persons and conduct outside US territory and how do these decisions affect international outcomes? Putnam's book is lucid, compelling, and extraordinarily well-grounded in empirical details. This is one of the best books to appear on issues of transnational law and governance in recent years.' Eric Voeten, Peter F. Krogh Associate Professor of Geopolitics and Global Justice, Georgetown University, Washington DC
'For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequently dislike in both principle and practice. Putnam proposes a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law, emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities.' Law and Social Inquiry
Notă biografică
Descriere
This book is about the US politics and law of judicial extraterritoriality and how it influences international rule making and enforcement.