Monday, October 16, 2006

After reflecting back on what we discussed in class today I decided to look further into this "extraterritorial jurisdication". I was curious to see where this has led the judicial system of today, since thus far Scully has only discussed past examples, mainly those dealing with China between 1844 and 1942.

I found an article on a foreign affairs webpage called "The Case for Universal Jurisdiction", written by Kenneth Roth. The article is a counterargument to Henry Kissinger's criticisms of this universal jurisdiction. Roth expresses a strong opposition to Kissinger's view. Roth takes several points that are emphasized by Kissinger and cleverly counters them using specific, impugning examples, based largely on actions taken by the United States in the past.

You can also read part of the Kissinger article that is subjected to Roth's disapproval. At the top of the page is a small summary to get an idea of what it is about (since the entire article is not available).

I thought it was an interesting article and one that I should share. Another related topic I found on the same webpage is a review by Ikenberry of The Pinochet Effect: Transnational Justice in the Age of Human Rights, by Naomi Roht-Arriaza. Unfortunately you have to subscribe to read the full review, however, just this first part had enough to get an idea of what the book is about.

Although I am still trying to fully grasp what Scully says in her book, Bargaining with the State from Afar: American Citizenship in Treaty Port China, I think it helps by understanding a little bit of how her ideas relate to today.

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