Rethinking Jurisdiction

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Abstract

International law on jurisdiction is a quagmire of gaps, inconsistencies and exaggerated reliance on
outdated sources of law ill-equipped for modern society. The focus on the territorial vs
extraterritorial dichotomy is misguided and harmful, and the territoriality principle is not
appropriate as the jurisprudential foundation of jurisdiction.
This paper argues that the traditional categorisation of three types of jurisdiction needs to be
amended or reconsidered. It also advances an alternative jurisprudential framework for jurisdiction
– applicable for both public, and private, international law – consisting of three core principles.
Further, it brings attention to a selection of novel concepts, including: ‘jurisdictional
interoperability’, ‘bite’ vs. ‘bark’ jurisdiction, ‘scope of jurisdiction’, and ‘lagom jurisdiction’.
Original languageEnglish
Publication statusUnpublished - 9 Aug 2019
EventTechnology and Jurisdiction in Outer Space and Cyberspace Colloquium - Bond University, Gold Coast, Australia
Duration: 9 Aug 20199 Aug 2019
https://bond.edu.au/event/62256/technology-and-jurisdiction-outer-space-and-cyberspace-colloquium

Conference

ConferenceTechnology and Jurisdiction in Outer Space and Cyberspace Colloquium
CountryAustralia
CityGold Coast
Period9/08/199/08/19
Internet address

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Svantesson, D. J. B. (2019). Rethinking Jurisdiction. Abstract from Technology and Jurisdiction in Outer Space and Cyberspace Colloquium, Gold Coast, Australia.