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Record W4414848184 · doi:10.1017/s0922156525100526

Post-jurisdiction (The erosion of jurisdiction doctrine)

2025· article· en· W4414848184 on OpenAlexaff
Péter Szigeti

Bibliographic record

VenueLeiden Journal of International Law · 2025
Typearticle
Languageen
FieldSocial Sciences
TopicConflict of Laws and Jurisdiction
Canadian institutionsUniversity of Alberta
Fundersnot available
KeywordsJurisdictionTerritorialityInternational lawSubject-matter jurisdictionDoctrineExclusive jurisdictionHuman rightsFederal jurisdictionCriminal jurisdiction

Abstract

fetched live from OpenAlex

Abstract There is a consensus in international lawyers’ analyses on jurisdiction, that jurisdiction doctrine is unworkable. Extraterritorial jurisdiction is no longer exceptional; at the same time, it is almost impossible to distinguish between territorial and extraterritorial jurisdiction. Legal experts have had three reactions to this crisis of extra/territorial jurisdiction. Some of them continue to pretend that nothing is wrong, and territorial jurisdiction is well and alive: this can be called ‘zombie territoriality’. Others acquiesce to the end of territoriality by affirming a type of limitless jurisdiction based on ‘genuine connections’, ‘substantial links’, or the like. Thirdly, some lawyers have set different limits for different sub-domains of international law, thereby fragmenting the law of jurisdiction and creating different meanings of ‘territoriality’ for international criminal law, international financial law, antitrust law, human rights law, etc. In this explosion of jurisdictional sub-domains, territoriality is strict in human rights law and refugee law, but remarkably flexible in criminal law and antitrust law. Is there any way out of this crisis of jurisdiction? Limitless jurisdiction seems to be winning out, but some scholars have tried to reformulate non-intervention or self-determination as substantive bulwarks against extraterritoriality. Developing multilateral institutions would also prevent jurisdictional overreach. In truth, though, all the proposed ways out of the crisis of jurisdiction mean the end of jurisdiction doctrine. It may be time to accept that we now live in a post-jurisdictional system of international law.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.009
metaresearch head score (Gemma)0.014
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.009
Threshold uncertainty score0.046

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0090.014
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0040.033
Scholarly communication0.0060.008
Open science0.0020.007
Research integrity0.0040.009
Insufficient payload (model declined to judge)0.0050.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.308
Teacher spread0.297 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2025
Admission routes1
Has abstractyes

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