Jurisdictional Hierarchies between Form and Fact: A Rejoinder to Roger O’Keefe

Author: Nico Krisch
Published: 03.10.2022
To what extent is the law of jurisdiction implicated in (hierarchical) structures of global governance? My article, ‘Jurisdiction Unbound: (Extra)territorial Regulation as Global Governance‘, pursues this question and traces how the current law of jurisdiction, quite in contrast with the often territorial, sovereignty-based imagery surrounding it, is highly permissive, especially when it comes to extraterritorial business regulation. It seeks to demonstrate how this leads to an assemblage of uncoordinated jurisdictional spheres and how it facilitates a structure in which very few economically powerful states (or blocs of states, such as the EU) are able to ‘govern’ important areas of global…