Zones of Sovereignty and Exception: United States Jurisdictional Regimes through the Law of the Sea Conventions
My current book project focuses on the spatial and legal aspects of United States power in the global world system. This book examines U.S. trade policy, law, and governance strategies to demonstrate the ways in which a highly variegated territorial and jurisdictional system was situated in a variety of new “state spaces” signaling novel areas of American control and influence around the globe. These sovereign, extraterritorial, and regulatory spaces—such as bonded warehouses, strategic resource claims, extraterritorial anti-trust regimes, Foreign Trade Zones, Free Trade Zones and Free Trade Cities, and a variety of jurisdictional zones of the sea—formed an interconnected web of legal claims, regimes, and power projection which my work examines in order to illuminate the ways the United States has constructed and exercised imperial sovereignty around the world.
Building upon multi-archival research and interdisciplinary engagement with scholarship in history, law, political theory, and geography, this project examines spatialized reorganization of sovereignty in jurisdictional zones in the submerged lands of the offshore continental shelf and in the territorial sea. This book examines how jurisdictional quandaries and resource competition invited innovations in the spatial governance regimes which underlie U.S. global power and shaped the modern Law of the Sea in the twentieth century.
Zones of Sovereignty and Exception will demonstrate how differential governance regimes and jurisdictional assertions in foreign trade policy provided an underlying logic for modern American empire alongside more commonly studied territorial, political, and military efforts.
During my sabbatical in Spring, 2016, I worked on this book while a Visiting Scholar at the Center for the Study of Law & Society at the School of Law, University of California-Berkeley.
Daniel S. Margolies, Umut Özsu, Maïa Pal, and Ntina Tzouvala, eds., Empires, Standards, and Exceptions: Legal Histories of Extraterritoriality
Routledge Series on the Politics of Transnational Law (series editors Tanja Aalberts and Wouter Werner.)
I am pleased to be involved in a very interesting and novel collaborative book project called The Extraterritoriality of Law: History, Theory, Politics. This interdisciplinary edited collection examines extraterritoriality from the perspective of history, international politics, and global legal practice. My chapter is titled “Imperial Reorderings in U.S. Zones and Regulatory Regimes, 1945-1958.”
I am editing the book along with a remarkable group of international scholars: Umut Özsu (Carleton University, Law), Maïa Pal (Oxford Brookes University, International Relations), and Ntina Tzouvala (University of Melbourne, Law).
Spaces of Law in American Foreign Relations: Extradition and Extraterritoriality in the Borderlands and Beyond, 1877-1898. (Athens: University of Georgia Press, 2011).
My recent work in the legal history of U.S. foreign relations examined U.S. foreign relations power and law as it was shaped, deployed, and resisted in a stream of often explosive extraterritorial claims, boundary disputes, extradition controversies, and transborder abductions and interdictions around the globe in the late nineteenth century. American policymakers responded to slippages of jurisdiction and challenges to sovereignty and territoriality in the U.S.-Mexican borderlands and around the globe by defining the space of law in foreign relations on the basis of stridently unilateral control of transnational concerns.
One of the most interesting and contested spaces of law in the late nineteenth century were the new American extradition regimes and exceptions carved within them. Extradition of fugitives reflected critical questions of sovereignty and the role of the state in foreign affairs during the tumultuous period before the turn to overseas empire in 1898.
This book explains the construction of U.S. jurisdictional regimes and sovereign exceptions within the world system in an entirely new way. It uses the foreign policy of American extradition as a critical and unique lens to examine the rich embeddedness of questions of sovereignty, territoriality, legal spatiality, and citizenship in the U.S. approach to global order and governance.
U.S. hegemonic power was constructed in significant part in the spaces of law, not simply attained by war or trade. This book utilizes untapped archival sources and synthesizes the innovative approaches of a wide variety of interdisciplinary fields to explore the tenor of rising global power and the territorial, spatial, and jurisdictional assertions that attended its creation.
Henry Watterson and the New South: The Politics of Empire, Free Trade, and Globalization (University Press of Kentucky, 2006)
This book focuses on the nation’s preeminent supporter of free trade and the South’s most vocal imperialist at the end of the nineteenth century. The irascible and irrepressibleHenry Watterson built the Louisville Courier-Journal into one of the most influential newspapers of the era of “personal journalism.” In so doing, he became an early architect of what emerged as the twentieth-century bipartisan consensus on the advantages of projecting of U.S. power and goods overseas via globalization.
Watterson shaped the tariff program of the Democratic party for decades and defined much of the politics and tone of the New South. Watterson offered a “New Departure” in which Home Rule for the South, combined with sound money, free trade, and overseas empire would finally usher in the autonomy, development, market dominance, and prosperity Southern leaders had dreamed of since the end of the Civil War. “Home Rule, Free Trade, and the flag of the Union wherever it can find a ship at sea to carry it at its masthead,” he wrote in a typical expression of his view in 1895.
This book offers a fresh perspective on late nineteenth century U.S. foreign relations with a special emphasis on the connections between empire and Southern development. With the rise of the tariff issue again in the U.S. after 2016, new attention has returned to the tariff politics which once dominated U.S. political history and foreign relations.