Courts without Borders

Law, Politics, and US Extraterritoriality

Tonya L. Putnam

• Publisher: Cambridge University Press
• Year: 2016
• Print ISBN: 9781107137097
• eBook ISBN: 9781316723272
• Topic: Law
• Subtopic: International Law
• Index: Law

Courts without Borders is the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. 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 both in principle and in practice. This volume 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.

Table of contents

• Cover
• Half-title page
• Title page
• Copyright page
• Contents
• List of figures
• List of tables
• Acknowledgments
• 1 Courts without borders
• 2 A theory of judicial extraterritoriality
• 3 Domestic courts and transnational governance
• 4 Extraterritoriality in the absence of agreement: International antitrust
• 5 Extraterritoriality’s limits and U.S. bargaining over intellectual property protection
• 6 U.S. extraterritoriality and human rights: Shaping a regime from within
• 7 The waning of U.S. extraterritoriality?
• Bibliography
• Index