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ISBN: 9781552213704


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Law Beyond Borders

Extraterritorial Jurisdiction in an Age of Globalization

This book is about the reach of law beyond state borders from a Canadian perspective. It investigates the scope of the legal and practical power of Canada to assert, and to respond to foreign assertions of, extraterritorial jurisdiction. Ultimately, the authors articulate a theoretical and analytical framework to aid decision making by law and policy makers when Canada is faced with the issue of whether to act extraterritorially. The book revisits Canadian jurisdictional principles and practices in a way that will resonate with lawyers and legal policy makers of all kinds.


Steve Coughlan

Steve Coughlan is a professor at the Schulich School of Law, Dalhousie University, in Halifax, Nova Scotia, where he is also the associate director of the Law & Technology Institute. He has been the recipient of the Association of Atlantic Universities Distinguished Teacher Award, as well as other teaching awards at the University and Faculty of Law level. He is the author of Criminal Procedure (Irwin Law, 2008 and 2012); the Canadian Law Dictionary (Barrons, 7th ed, 2013); and a co-author of many other books, including Learning Canadian Criminal Law (Carswell, 2006, 2009, 2012), Detention and Arrest (Irwin Law, 2010), and the Annual Review of Criminal Law (Carswell, 2004–2013). He is actively involved in judicial education and continuing legal education programs, and is a co-author of the National Judicial Institute’s Criminal Law Essentials e-Letter, as well as a co-editor of the Criminal Reports, the Canadian Journal of Law and Technology, and the Canadian IT Law Association (IT.Can) Newsletter on law and technology issues.

Robert J Currie

Robert J. Currie is an associate professor and the director of the Law & Technology Institute at the Schulich School of Law, Dalhousie University. His teaching areas include international criminal law, criminal law, evidence, procedure, advocacy, and law and technology. He has won or been nominated for several teaching awards, and is active in doing continuing legal education for both legal practitioners and the judiciary. He is the author (with Joseph Rikhof) of International & Transnational Criminal Law, 2d ed (Irwin Law, 2013), and the co-editor of the Handbook on Transnational Criminal Law (Routledge, 2014) and the eighth of International Law: Chiefly as Interpreted and Applied in Canada (Emond Montgomery, 2014). Professor Currie is vice-president and a commissioner of the Law Reform Commission of Nova Scotia, and sits on the boards of the Canadian Council on International Law and the Canadian IT Law Association.

Hugh M. Kindred

Hugh M. Kindred is professor emeritus at the Schulich School of Law, Dalhousie University, where he continues to research, write, and teach in the fields of international and maritime law. He is a co-author and general editor of multiple editions of International Law: Chiefly as Interpreted and Applied in Canada (Emond Montgomery) and is currently readying the eighth edition for publication in 2014. He is also the author with Edgar Gold and Aldo Chircop of Maritime Law (Irwin Law, 2003), which was co-winner of the 2005 Walter Owen Book Prize for the best legal text published in Canada in English. He is now engaged in developing the second edition for publication in 2015. Professor Kindred holds law degrees from Bristol, London, and Illinois universities and is a member of the bars of Nova Scotia and England. In 2003, he was honoured by the Canadian Association of Law Teachers with its Award of Academic Excellence.

Teresa Scassa

Teresa Scassa is the Canada Research Chair in Information Law at the University of Ottawa, where she is also a professor at the Faculty of Law. She is a founder and former editor of the Canadian Journal of Law and Technology; author of Canadian Trademark Law (LexisNexis, 2010); co-author of Electronic Commerce and Internet Law in Canada (CCH Canadian Ltd, 2012), which was the winner of the 2013 Walter Owen Book Prize; and co-author of Canadian Intellectual Property Law: Cases, Notes and Materials (Emond Montgomery, 2013). She is also a co-editor of the recently published Intellectual Property for the 21st Century: Interdisciplinary Approaches (Irwin Law, 2014). She is a member of the External Advisory Committee of the Office of the Privacy Commissioner of Canada, and of the Canadian Government Advisory Committee on Open Government. She has written widely in the areas of intellectual property law, law and technology, and privacy.

Chapter Title Abstract Contributors Pages Year Price


Overview of the topics covered in investigating the scope of the legal and practical power of Canada to assert extraterritorial jurisdiction. ; ; ; 7 $0.70


Discussion of globalization and technological development as a backdrop for examining Canada’s approach to extraterritorial action. ; ; ; 21 $2.10


Description and analysis of the current state of international law regarding the exercise of territorial jurisdiction and how that law is implemented into Canadian law and state practice. ; ; ; 51 $5.10


Explanation of the difference between the principles of extraterritoriality and extended territoriality, and how the latter is exercised in Canadian criminal and civil proceedings. ; ; ; 37 $3.70


Discussion of how existing national laws may be extended to apply to Internet-based activities, and how such activities can erode political sovereignty and state jurisdiction. ; ; ; 18 $1.80


Discussion of incentives and disincentives involved in the decision as to whether Canada should act extraterritorially in a given situation. ; ; ; 41 $4.10


Examination of extraterritorial application of human rights law, human rights claims in civil courts, data protection, terrorism, child sex tourism, Internet gambling and cybercrime, and virtual … ; ; ; 123 $12.30


Proposal for a framework setting out general legal and policy objectives underpinning the decisions of how to act extraterritorially and whether extraterritorial action is a practical and viable … ; ; ; 18 $1.80