A General Theory on Special Jurisdictions

Abstract

A special jurisdiction is an area or community with a certain normative authority wherein a specific set of rules is in place and enforced that are different from its ‘home’ jurisdiction. Today, many special jurisdictions exist. Special Economic Zones are some of them. This paper addresses the idea that in the Westphalian era, nearly all special jurisdictions are exceptional autonomy carve-outs from States, as opposed to self-standing sovereign jurisdiction such as Monaco, Singapore or other micro-states or city-states. It goes on further to explain that the basis of that autonomy can be either territorial, as it is set forth in the jurisdiction’s foundational texts or laws, and which can be found either in international, national law or customs, or personality or identity based. The paper concludes that special jurisdictions should be seen as ‘places in between' the classic legal fields, as they largely transcend the regular legal distinctions between and within national and international law due to their foundational fluidity. Thus, they deserve to be studied as a field of law on their own.