Nationality and extraterritoriality: A disordered paradigm?

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

The principles of extraterritorial jurisdiction under international law allow States to assert legal authority over their citizens abroad on the basis of nationality. Conceptions of nationality, however, have become blurred. Individuals are more mobile than ever before. They can live and work in different parts of the world. They may have a connection to more than one State. Similarly, serious crimes, such as acts of terrorism, need know no national boundaries, and armies can attract foreign recruits. Some States, such as Australia and the United Kingdom, have responded to their citizens serving as foreign recruits by legislating to allow for the revocation of citizenship. This has produced a burgeoning literature on citizenship-stripping in an age of heightened security risks. However, none of the analysis has considered the questions from the perspective of the principles of extraterritorial jurisdiction and the power of the State over its nationals when abroad. This chapter reconsiders the legitimacy of States relying on assertions of extraterritorial jurisdiction to derive citizenship. The chapter argues that it is an abuse of rights. If a State can assert its rights over citizens abroad, then a State is violating its responsibilities for its nationals under international law by removing those citizens from its realm of responsibility.
Original languageEnglish
Title of host publicationGlobal governance and regulation
Subtitle of host publicationOrder and disorder in the 21st century
EditorsD Ireland-Piper, L Wolff
Place of PublicationOxon
PublisherRoutledge
Chapter6
Pages63-82
Number of pages20
ISBN (Print)9781472489012
Publication statusPublished - 2018

Fingerprint Dive into the research topics of 'Nationality and extraterritoriality: A disordered paradigm?'. Together they form a unique fingerprint.

  • Related Research Outputs

    • 7 Chapter
    • 1 Scholarly edition

    Access to courts by public interest groups seeking to challenge government decisions: A comparative analysis of Canada and Australia

    Bedford, N. & Bonin, L., 2018, Global governance and regulation: Order and disorder in the 21st century. Ireland-Piper, D. & Wolff, L. (eds.). Oxon, p. 245-260 16 p.

    Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

  • Domestic regulatory architecture for the protection of financial stability after the GFC: Global order or disorder

    Parsons, L., 2018, Global governance and regulation: Order and disorder in the 21st century. Ireland-Piper, D. & Wolff, L. (eds.). Oxon: Routledge, p. 147-169 23 p.

    Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

  • Global governance and regulation: Order an disorder in the 21st century

    Ireland-Piper, D. (ed.) & Wolff, L. (ed.), 2018, Oxon: Routledge. 304 p.

    Research output: Book/ReportScholarly editionResearchpeer-review

  • Cite this

    Ireland-Piper, D. (2018). Nationality and extraterritoriality: A disordered paradigm? In D. Ireland-Piper, & L. Wolff (Eds.), Global governance and regulation: Order and disorder in the 21st century (pp. 63-82). Routledge.