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Selfless InterventionThe Exercise of Jurisdiction in the Common Interest$
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Cedric Ryngaert

Print publication date: 2020

Print ISBN-13: 9780198851783

Published to Oxford Scholarship Online: August 2020

DOI: 10.1093/oso/9780198851783.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 29 June 2022

Limitations to the Exercise of Prescriptive Jurisdiction in the Common Interest

Limitations to the Exercise of Prescriptive Jurisdiction in the Common Interest

Chapter:
(p.92) 4 Limitations to the Exercise of Prescriptive Jurisdiction in the Common Interest
Source:
Selfless Intervention
Author(s):

Cedric Ryngaert

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198851783.003.0004

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

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