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date: 14 November 2019

Abstract and Keywords

This chapter challenges the commonly held view that the territorial state is fundamentally unsuited for, and incompatible with, twenty-first century manifestations of globalization in the form of ever-tightening economic integration or all-pervasive global communication networks. This is only partly true. The state—as defined and enabled by public international law around the idea of territorial sovereignty—provides the ideal mechanism for global capital and corporate activity to function and grow with maximum efficiency and minimal accountability. The territorial nation state provides the legal framework that facilitates foreign wealth accumulation through open borders, and its subsequent retention in the Global North through closed borders. At the core of this legal framework are the territorial rules under private and public international law that provide high flexibility in opening and closing borders as and when national interest demands.

Keywords: statehood, jurisdiction of states, organs of states, jurisdiction of states, territoriality principle, sovereignty, territoriality

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