Teritorialitate şi extrateritorialitate - concepte de drept transnaţional

Conf. univ. dr. Radu Bogdan BOBEI

Facultatea de Drept, Universitatea din Bucureşti

ABSTRACT

The concepts of "territoriality" and "extraterritoriality" are considered by scholars as being key-concepts of the transnational law. This article aims to point out how the relationship between the elements of this sui generis couple (territoriality and extraterritoriality, my note) works. The said couple and its way of functioning once were among the most debated issues in the area of international law and conflict of laws altogether, and the nation-States and their courts were the main actors involved in the way of managing the conflict between territoriality and extraterritoriality. Nowadays, the corporations themselves have become interested in managing the said conflict. The scholars are in full need of identifying the conceptual frameworks able to capture this enlarged reality. The presumption against the...