The Evolution of Territoriality
In: International studies review, Band 7, Heft 3, S. 515-519
ISSN: 1521-9488
The decreasing importance of "legal spatiality," defined as the relationship between law & territoriality, in the present-day world is studied. Although the Westphalian understanding of territoriality persisted through WWII, as evidenced in the US Supreme Court's decision in Ross v. McIntyre (1891), it is asserted that the Supreme Court's decision in Reid v. Covert (1957) substantially weakened legal spatiality within the US legal system. Rather than assert that globalization is solely responsible for the further enervation of legal spatiality, it is asserted that several additional factors have played a considerable role in threatening the connection between the law & territoriality, eg, states presently possess more incentive to protect markets from the extraterritorial activities of citizens & many advanced industrial Western states are willing to assert their laws extraterritorially since economic competition between liberal democratic nations rarely escalates to military conflict. Despite this trend, domains of US law that still prioritize territoriality are acknowledged, eg, laws dedicated to combating drug traffickers & terrorists. J. W. Parker