Netherlands Yearbook of International Law 2016: The Changing Nature of Territoriality in International Law (Netherlands Yearbook of International Law, 47)

International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. __The Netherlands Yearbook of International Law__ was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law. Front Matter ....Pages i-xv Front Matter ....Pages 1-1 The Paradoxical Place of Territory in International Law (Martin Kuijer, Wouter Werner)....Pages 3-17 A State Without Territory? (Veronika Bílková)....Pages 19-47 Territory in the Law of Jurisdiction: Imagining Alternatives (Cedric Ryngaert)....Pages 49-82 Cartographies of the Present: ‘Contingent Sovereignty’ and Territorial Integrity (Sara Kendall)....Pages 83-105 Data Territories: Changing Architectures of Association in International Law (Fleur Johns)....Pages 107-129 ‘Spoofed Presence Does not Suffice’: On Territoriality in the Tallinn Manual (Lianne J.M. Boer)....Pages 131-145 Cybercrime, Evidence and Territoriality: Issues and Options (Jan Kleijssen, Pierluigi Perri)....Pages 147-173 Reconfiguring Territoriality in International Economic Law (Alessandra Arcuri, Federica Violi)....Pages 175-215 Extraterritorial Obligations and the Obligation to Protect (Sigrun Skogly)....Pages 217-244 Citizenship at Home and Across Borders (Ernst M.H. Hirsch Ballin)....Pages 245-262 Territoriality and Asylum Law: The Use of Territorial Jurisdiction to Circumvent Legal Obligations and Human Rights Law Responses (Hemme Battjes)....Pages 263-286 Schrödinger’s Cake? Territorial Truths for Post-Brexit Britain (Ciarán Burke, Ólafur Ísberg Hannesson, Kristin Bangsund)....Pages 287-312 Front Matter ....Pages 313-313 The Dutch Contribution to the Armed Coalition Against ISIS (Gelijn Molier, Martijn Hekkenberg)....Pages 315-336 The Dutch Referendum on the EU-Ukraine Association Agreement: Legal Implications and Solutions (Guillaume Van der Loo)....Pages 337-350 The Netherlands: A Tax Haven? (Eric C.C.M. Kemmeren)....Pages 351-375 Recent Developments Regarding the Direct and Indirect Application of Treaties by Dutch Courts: Fresh Approaches to Self-Executing, Non-Self-Executing and Non-Binding International Law (Joseph Fleuren)....Pages 377-393 Back Matter ....Pages 395-424 International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.-- Provided by publisher Annotation International law holds a paradoxical position with territory. Most rules of internationallaw are traditionally based on the notion of State territory, and territoriality stillsignificantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming totransgress state boundaries, and the development of technologies resulting in the needto address intangible, non-territorial, phenomena. Yet, notwithstanding some profoundchanges, it remains impossible to think of international law without a territorial locus.If international law is undergoing changes, this implies a reconfiguration of territory,but not a move beyond it.The Netherlands Yearbook of International Law was first published in 1970. It offersa forum for the publication of scholarly articles of a conceptual nature in a varyingthematic area of public international law