Reconfiguring Territoriality in International Economic Law

Arcuri, Alessandra; Violi, Federica

doi:10.1007/978-94-6265-207-1_8

Cited by 5 publications

(2 citation statements)

References 51 publications

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“…From an analysis of the contractual terms, it emerges that contracts of this nature generate a series of interrelated consequences: they (1) enable a significant transfer of control over extensive areas of the host state's territory to private entities; (2) remove the investment operation from the territorial authority of host countries; (3) and result in the creation of a legal enclave. Typically, such an enclave is entangled in a multiplication and overlap of different spatial, temporal and normative levels that are deprived of the host state's regulatory powers and left to the discretion of the investors (Violi, 2016; Arcuri and Violi, 2017). As recently articulated by Cotula (2020), these enclaves disintegrate the local social and legal regimes to favour the integration of commodified natural resources at a transnational level in global supply chains.…”

Section: Background and Premisementioning

confidence: 99%

Contracting in land and natural resources: a tale of exclusion

Violi

2021

International Journal of Law in Context

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By browsing the website of Land Matrix, one can measure the extent of land-related large-scale investments in natural resources (LRINRs) and place it on the world map. At the time of writing, the extent of these investments covers an area equal to the surfaces of Spain and Portugal together – or, for football fans, around 60 million football pitches. These investment operations have often been saluted as instrumental to achieve the developmental needs of host countries and as the necessary private counterpart to state (and interstate) efforts aimed at (sustainable) development goals. Yet, the realities on the ground offer a scenario characterised by severe instances of displacement of indigenous or local communities and environmental disruptions. The starting point of this short essay is that these ‘externalities’ are generated through the legal construct enabling the implementation of these investment operations. As such, this contribution lies neatly in the line of research set forth in the excellent books of Kinnari Bhatt and Jennifer Lander, from the perspective of both the development culture shaping these investment operations and the private–public environment in which these are situated. The essay tries and dialogues with both components, while focusing at a metalevel on the theoretical shifts potentially geared to turn a ‘tale of exclusion’ into a ‘tale of inclusion’.

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Section: Background and Premisementioning

confidence: 99%

Contracting in land and natural resources: a tale of exclusion

Violi

2021

International Journal of Law in Context

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“…23 Thus, the emergence of a variety of international structures of global governance over the recent period tends to be interpreted as a shift from the former to the latter -in other words, as a form of 'de-territorialisation'. 24 This dichotomy makes it hard to give any real content to the expression 'Union territory', even if it features officially in the TFEU 25 and in parts of the CJEU's case law, 26 other than by reducing it to nothing more than the collection of the territories of the Member States 27 or dismissing it as an 'abuse of language'. 28 Against traditional understandings of territoriality in international law, our critique aims to show that the EU's territory exists over and beyond those of Member States.…”

Section: Introductionmentioning

confidence: 99%

The Territorial Reach of European Union Law: A Private International Law Enquiry Into the European Union's Spatial Identity

Marzal

2023

ICLQ

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This article offers a reconstruction of how the Court of Justice of the European Union (EU) justifies the territorial scope of application of EU law. Scholarship on this issue tends to advocate for an expansive projection of EU norms in the pursuit of global values, subject to the external limits of public international law. This article will develop a critique of this approach by pointing to its underlying assumptions as to the territorial dimension of the EU's rule, the insoluble practical issues that it leads to, and the need to consider differently the EU's spatial identity and relation to the wider world. It will also be argued that, in fact, other case law sometimes already reflects an alternative vision, by imagining the EU implicitly, not as a ‘global actor’ promoting universal values, but as a concretely situated and spatially bounded community. It will be shown that this is so with the methodological help of private international law, and in particular three doctrines that are traditional to this discipline—the localisation of cross-border relations, international imperativeness, and the public policy exception. This will ultimately allow for a more sophisticated understanding of the EU's territory to emerge—irreducible to the physical coordinates of its acts of intervention, or the mere sum of the physical spaces under Member State sovereignty, but as a distinct space of social relations, informed and delineated by the particular axiology and structure of the EU legal system.

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The Regulatory Vicious Circle of Investment Operations in Agriculture

Violi

2017

LITES - Legal Issues in Transdisciplinary Environmental Studies

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Reconfiguring Territoriality in International Economic Law

Cited by 5 publications

References 51 publications

Contracting in land and natural resources: a tale of exclusion

Contracting in land and natural resources: a tale of exclusion

The Territorial Reach of European Union Law: A Private International Law Enquiry Into the European Union's Spatial Identity

The Regulatory Vicious Circle of Investment Operations in Agriculture

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