State Jurisdiction: Drivers of Change in Canadian Practice
| Author | Steve Coughlan, Robert J. Currie, Hugh M. Kindred, Teresa Scassa |
| Pages | 8-28 |
CHAPTER
2
State
Jurisdiction:
Drivers
of
Change
in
Canadian
Practice
Prior
to
engaging
in
our
discussion
of
Canada's
approach
to
extraterri
torial
action,
we
must
first
explore
two
phenomena
—
globalization
and
technological
development
—
that
have
been
drivers
of
change
around
the
world.
Both
these
phenomena
have
resulted
in
a
multiplication
of
the
circumstances
in
which
states
may
be
forced
to
decide
whether
and
how
to
act
extraterritorially.
The
dramatically
increased
mobility
of
per
sons
and
capital,
and
the
increased
reliance
upon
digital
communication
technology
for
transactions,
communications,
leisure,
and
even
crimin
al
activity,
create
contexts
in
which
states
are
often
confronted
by
a
need
to
take
action,
alone
or
in
concert
with
other
nations.
Both
globalization
and
technological
change
have
also
contributed
to
another
phenomen
on
which
runs
like
a
thread
through
this
book:
the
destabilization
of
the
Westphalian
notion
of
exclusive
territorial
sovereignty.
A.
GLOBALIZATION
The
dominant
contemporary
destabilizing
force
is
commonly
described
as
globalization.
This
term
has
proved
difficult
to
define
adequately,
in
part
because
it
links
together
a
series
of
phenomena
and
processes
that
are
vast,
complex,
and
ongoing.
1
The
phenomena
described
by
global
i
Rajneesh
Narula,
Globalization
and
Technology:
Interdependence,
Innovation
Systems
and
Industrial
Policy
(Cambridge,
UK:
Polity
Press,
2003)
atl
[Narula],
John
Tomlin
son
describes
it
as
"the
rapidly
developing
and
ever-densening
network
of
inter
connections
and
interdependences
that
characterize
modern
social
life."
(John
8
State
Jurisdiction:
Drivers
of
Change
in
Canadian
Practice
•
9
ization
can
include
the
rise
of
global
markets,
2
the
migration
of
both
capital
and
labour,
3
international
trade,
4
the
rise
of
multinational
cor
porations,
5
transborder
criminal
activity,
6
and
the
globalization
of
cul
ture
7
—
the
list
is
virtually
endless.
The
term
“
globalization"
can
have
a
variety
of
meanings,
as
well
as
different
features
and
salient
character
istics,
depending
upon
which
phenomena
are
implicated
in
one's
use
of
the
term.
In
their
book
on
the
impact
of
globalization
on
Canada
’
s
domestic
and
international
legal
role,
Clarkson
and
Wood
suggest
that
globaliza
tion
"refers
to
the
increasing
breadth,
intensity,
and
speed
of
worldwide
interconnectedness
in
all
aspects
of
social
life
and
its
consequences
for
human
conduct.
”
8
They
go
on
to
summarize
the
phenomenon
as
"a
pervasive,
heterogeneous,
dynamic,
interactive,
and
contested
intensi
fication
of
interconnectedness
in
all
aspects
of
human
affairs,
at
all
geo
graphic
scales."
9
According
to
this
view,
globalization
is
a
phenomenon
that
includes
just
about
everything.
Sjolander
argues
that
“
globaliza
tion
needs
to
be
seen
as
an
economic,
political,
social,
and
ideological
phenomenon
which
carries
with
it
unanticipated,
often
contradictory
Tomlinson,
Globalization
and
Culture
(Chicago:
University
of
Chicago
Press,
1999)
at
1
[Tomlinson]).
2
Narula,
ibid
at
18-19.
Ewell
E
Murphy
Jr
describes
transnational
investment
as
the
"second
powerful
accelerator
of
economic
globalization."
The
first
is
technology.
See
Ewell
E
Murphy
Jr,
"The
Lessons
of
Seattle:
Learning
from
the
Failed
Third
WTO
Ministerial
Conference"
(2000)
13:2
Transnat
’
l
Law
273
at
284
[Murphy].
3
Aneesh
notes
that
globalization
has
resulted
both
in
the
physical
migration
of
bod
ies
as
well
as
in
virtual
migration,
where
innovations
in
the
field
of
telecommunica
tions
have
led
to
virtual
outsourcing
of
call
centre,
help
desk,
and
avariety
of
other
jobs.
See
A
Aneesh,
Virtual
Migration:
The
Programming
of
Globalization
(Durham:
Duke
University
Press,
2006)
at
1-2.
4
The
World
Trade
Organization
(WTO),
which
is
dedicated
to
removing
trade
and
tariff
barriers
to
foster
international
trade,
has
been
identified
as
a
force
of
globaliz
ation
and
a
lightning
rod
for
anti-globalization
protests.
See
Murphy,
above
note
2.
5
Narula,
above
note
1
at
20.
6
Transborder
criminal
activity
is
allegedly
rampant.
According
to
Interpol
(www.
interpoLint),
such
activities
include
money
laundering,
intellectual
property
counterfeiting,
drug
trafficking,
organized
crime,
hacking
and
other
high-tech
crime,
terrorism,
and
human
trafficking.
7
See,
generally,
Tomlinson,
above
note
1.
8
Stephen
Clarkson
8<
Stepan
Wood,
A
Perilous
Imbalance:
The
Globalization
of
Can
adian
Law
and
Governance
(Vancouver:
UBC
Press,
2010)
at
6
[Clarkson
81
Wood].
9
Ibid
at
9.
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