Teresa Scassa - Blog

Displaying items by tag: jurisdiction

I’m pleased to say that after many years of hard work, my co-authored book with Stephen Coughlan, Robert Currie and Hugh Kindred has just been published by Irwin Law. The book, titled Law Beyond Borders: Extraterritorial Jurisdiction in an Age of Globalization, explores the reach of law beyond state borders from a Canadian perspective. We examine the scope of the legal and practical power of Canada to assert (and to respond to) foreign assertions of extraterritorial jurisdiction. We also develop an analytical framework to guide both law and policy makers faced with the issue of whether to act extraterritorially.

Our book begins with a consideration of the twin forces of globalization and technological change, and the way in which both forces have led to a significant increase in the number of instances in which states may feel the need to act extraterritorially. We also consider how these forces have also undermined the Westphalian notion of exclusive territorial sovereignty. We then review the status quo regarding state jurisdiction both in Canada and internationally, before articulating an important distinction between extraterritoriality, and extended territoriality. Particular consideration is given in this respect to the context of the Internet. The book then poses the question as to when it is appropriate for a state to act extraterritorially. Seven case studies are offered, including the application of human rights law, accountability for human rights abuses, transnational data protection, international terrorism, child sex tourism, internet gambling, and virtual worlds. The book concludes with an articulation of our analytical framework.

Published in Extraterritoriality

Canadian Trademark Law

Published in 2015 by Lexis Nexis

Canadian Trademark Law 2d Edition

Buy on LexisNexis

Electronic Commerce and Internet Law in Canada, 2nd Edition

Published in 2012 by CCH Canadian Ltd.

Electronic Commerce and Internet Law in Canada

Buy on CCH Canadian

Intellectual Property for the 21st Century

Intellectual Property Law for the 21st Century:

Interdisciplinary Approaches

Purchase from Irwin Law