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Tom Bingham and the Transformation of the LawA Liber Amicorum$
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Mads Andenas and Duncan Fairgrieve

Print publication date: 2009

Print ISBN-13: 9780199566181

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199566181.001.0001

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On the Waning Magic of Territoriality in the Conflict of Laws

On the Waning Magic of Territoriality in the Conflict of Laws

Chapter:
(p.751) 5 On the Waning Magic of Territoriality in the Conflict of Laws
Source:
Tom Bingham and the Transformation of the Law
Author(s):

Horatia Muir Watt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199566181.003.0047

This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive power within geographical boundaries. The issue of ‘extraterritorial jurisdiction’ is discussed by looking at Lord Bingham's leading opinion in Société Eram Shipping Co Ltd v Cie Internationale de navigation (2004).

Keywords:   Lord Bingham, territory, sovereignty, extraterritorial jurisdiction, political influence, economic influence

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