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A Private (International) Law Perspective Comment on “A New Jurisprudential Framework for Jurisdiction”

Part of: Rethinking State Jurisdiction in the Internet Era

Published online by Cambridge University Press:  20 January 2017

Horatia Muir Watt
Horatia Muir Watt*
Affiliation:
Sciences-Po Paris and Program “Global Governance Studies”
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What follows is a private international lawyer’s response to the thought-provoking ideas put forward by Professor Svantesson on international jurisdiction from a criminal law perspective. This stance may in itself seem (and certainly feels!) paradoxical, since much contemporary academic effort (my own included) has been directed towards a rejection of the public/private distinction in international law. This rejection has been championed both as a normative matter, because so much would be gained from reaching ‘beyond the schism” to overcome the personality split from which the discipline has suffered for over a century, as well as a descriptive matter, since multiple issues, debates, myths and concepts straddle the divide, even if they give rise to specific disciplinary understandings on either side. Both of these observations apply to jurisdiction in all the forms mentioned by Professor Svantesson. Moreover, the need for an intradisciplinary conversation is particularly acute in respect of international limits on criminal jurisdiction, which, as Professor Svantesson’s paper seems to demonstrate, fall somewhere in-between the public and the private models (perhaps seen as logically public, but considered private in France!).

Type
Symposium: Rethinking State Jurisdiction in the Internet Era
Information
AJIL Unbound , Volume 109 , 2015 , pp. 75 - 80
Copyright
Copyright © American Society of International Law 2015

References

1 Svantesson, Dan Jerker B., A New Jurisprudential Framework for Jurisdiction: Beyond the Harvard Draft, 109 AJIL Unbound 67 (2015)Google Scholar.

2 Morrison v. National Australia Bank, 561 U.S. 247 (2010).

3 Kiobel v. Royal Dutch Petroleum Co., 133 S.Ct. 1659 (2013).

4 Id. at, 1670-1677 (Breyer, J., concurring).

5 Neil Walker, Intimations of Global Law (2014).

6 See Zygmunt Bauman, Liquid Modernity (2014).

7 Gunther Teubner, Constitutional Fragments: Societal Constitutionalism and Globalization (2012).