Limitations to the Exercise of Prescriptive Jurisdiction in the Common Interest
Limitations to the Exercise of Prescriptive Jurisdiction in the Common Interest
This chapter examines what limitations should be imposed to render the exercise of ‘selfless’ jurisdiction reasonable. After introducing the concept of reasonableness, various jurisdictional mitigating mechanisms are discussed: international recognition of the pertinent common interest, democratic participation of those affected, recognizing foreign mechanisms providing equivalent protection, and transfers to, or compensation of, those affected. These mechanisms further the normative legitimacy of unilateral jurisdiction in the global interest as they take the human-centredness of cosmopolitanism truly seriously. They are designed to take account of the interests of all actors affected by state coercion and thus to limit jurisdictional overreach in violation of cosmopolitan tenets. They may appear to be ideal-typical constructions, but the author shows that they have a grounding in existing state and institutional practice, which makes further operationalization altogether feasible.
Keywords: reasonableness, limitations, participation, equivalence, transfers
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .
