Deterritorialization in International Law: Moving Away from the Divide Between National and International Law

This chapter examines how the process of deterritorialization of international law, in which territoriality increasingly gives way to functionality as a dominant organizing principle, affects the relationship between international law and national law. It argues that alongside the territorially bound authority of the State, other normative regimes have come into existence. Although these may act out on state territory, they flow from an independent normative source and ultimately circumvent rather than ‘pierce’ the sovereign veil of the State.