Jurisdiction as a System: Reestablishing Jurisdictional Rules After the Collapse of Territoriality

Territorial jurisdiction today is no longer the protector of non-intervention and independence: it is used in an increasingly extended sense. The United States, the European Union and increasingly China project their power globally by extending the meanings of territoriality; while other states stick to mutually exclusive territoriality. In this presentation, I propose reformulations of non-intervention beyond territoriality. The minimalist project of reformulation aims for more detailed analysis of current state practice. Supply chain-based, market access-based, registration-based and other finer categories can provide a better picture of how states are regularizing extensions of territoriality. The maximalist project aims to sketch an ideal law of jurisdiction that revitalizes the domaine réservé, distinguishes domains of differentiation from domains of harmonization, and provides for jurisdictional venues of last resort.