The Principles of Territoriality - A Study in Public and Private International Law, Intellectual Property, and International Arbitration
The principle of territoriality is often invoked as a self-evident, universally acknowledged concept in various areas of the law. Yet, there is not one, but several principles of territoriality. Not only does territoriality have different meanings in different disciplines, but it is sometimes understood differently within each discipline as well. This thesis aims to lift the uncertainty behind territoriality by clarifying its meanings and implications in four disciplines: public international law, private international law, intellectual property (IP), and international arbitration. Through a comparative and transnational lens, it examines the historical and contemporary relevance of each understanding of territoriality, while revealing connections between these understandings where necessary. This thesis then builds upon these foundations to examine the situation where different conceptions of territoriality meet and intersect: the commercial arbitration of cross-border disputes involving IP. It notably compares the question of the arbitrability of IP with the question of exclusive jurisdiction (or “jurisdictional territoriality”) in international IP litigation. It also considers the applicable law to arbitrability and to the merits of the case in arbitrations involving IP, insofar as these questions are greatly influenced by one’s understanding of territoriality.
Intellectual Property, International Arbitration, Private International Law, Public International Law, Territoriality
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