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Back to the Future with Sovereignty: Extraterritoriality as a Source of Rules in Global Governance
Unformatted Document Text:  Zimmerman, James Michael (1992) Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace (Westport, Conn.: Quorum Books) Who makes the rules in the international system when private conduct crosses international borders? Extraterritorial regulation by domestic courts is one mechanism by which states manage the conduct of transnational actors—albeit unilaterally, and often according to the rules and standards of the regulating state. This paper uses statistical methods and qualitative process tracing to identify and explain the circumstances under which U.S. federal courts have opted to regulate extraterritorially over time and across issue areas. It further explores the implications of the empirical patterns identifed for theoretical accounts of global governance and international regulatory coverngence. 41

Authors: Putnam, Tonya.
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Zimmerman, James Michael (1992) Extraterritorial Employment Standards of the United
States: The Regulation of the Overseas Workplace
(Westport, Conn.: Quorum Books)
Who makes the rules in the international system when private conduct crosses
international borders? Extraterritorial regulation by domestic courts is one mechanism by
which states manage the conduct of transnational actors—albeit unilaterally, and often
according to the rules and standards of the regulating state. This paper uses statistical
methods and qualitative process tracing to identify and explain the circumstances under
which U.S. federal courts have opted to regulate extraterritorially over time and across
issue areas. It further explores the implications of the empirical patterns identifed for
theoretical accounts of global governance and international regulatory coverngence.
41


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