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date: 10 December 2019

Abstract and Keywords

This chapter offers a theoretical framework for the reconceptualization of jurisdiction, one which recognizes the extent to which contemporary social conditions—which are increasingly experienced across different jurisdictions—and changes in regulatory authority are visibly supplanting the exclusive notion of jurisdiction favoured by classical international law, with its preoccupation with sovereignty and territory. Viewing the concept of jurisdiction through the lens of legal pluralism opens up a wide range of inquiries that tend to be ignored or suppressed in most legal discussions of jurisdiction. Indeed, jurisdictional pluralism is both a descriptive reality, a theoretical framework, and a potentially productive institutional design choice. The chapter then argues that jurisdictional contestation is an inherent feature of living in a world with multiple overlapping communities.

Keywords: international courts, international tribunals, jurisdiction, sovereignty, territoriality

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