Episode 17: What’s wrong with the international law on jurisdiction?
What conduct occurring where are states allowed to regulate? The international law on jurisdiction provides part of the answer. But international lawyers use different images when conceptualising the geographical reach of states' jurisdiction to prescribe their laws. In this podcast, the two contenders in a debate in issue 33(2) of the European Journal of International Law engage with each other’s images and their ensuing conclusions as to the international law of jurisdiction. Nico Krisch posits that the traditional image is inappropriate, that in practice jurisdiction - at least when it relates to global markets - has come "unbound" and that this unbound jurisdiction has allowed economically powerful states to exercise global governance in a hierarchical fashion, triggering fresh demands for public accountability. Roger O’Keefe replies that this supposedly traditional image was never his understanding, argues that the current law of jurisdiction is fit for purpose and cautions against blaming this law for the perpetuation of the world’s economic inequalities. EJIL Editor in Chief Sarah Nouwen hosts the debate.