How far can a state extend its jurisdiction beyond its borders? In this chapter we make the distinction between state sovereignty and jurisdiction and then outline the five principles of extraterritorial jurisdiction. By providing examples for each jurisdictional principle, the differences between them are sharpened and the ways in which they may overlap are clarified. An interesting area for extraterritorial jurisdiction is the Internet; a brief examination of the European Union’s General Data Privacy Regulation serves to highlight the complexities. The chapter concludes with two practices states can use to attempt to pull alleged criminals who are in another state back into their own jurisdiction for prosecution.  Extradition is a legal process agreed to by states. Rendition, though also used by some states, is not and runs afoul of human rights.

What are the physical limits of state sovereignty? This chapter reviews international law concerning the territorial sovereignty of states, including on the land, the oceans, and the air and space above.  Specific legal instruments that govern these areas are examined in some depth, including the Chicago Air Convention of 1944 and the United Nations Convention on the Law of the Sea (UNCLOS).  Six methods of obtaining sovereign territory are discussed along with vivid examples of each.  The struggle to allow fair use by states and companies over the resources in and below the high seas and outer space is highlighted.  The new space race may prevent the original space treaties’ vision of a new frontier that is devoid of commercialization and militarization.

Chapter 1 sets the stage for our study, introducing both the political violence and repression endemic to Xinjiang. We provide a brief account of the recent history of Xinjiang and the Uyghurs to contextualize the current situation before introducing the book’s motivations, arguments, and structure.

What is international law, and how is it different from domestic (national) law?  This chapter provides an answer to those questions and introduces other foundational concepts in international law such as opinio juris, sovereignty, and the state. We trace the development of international law from Western/European perspectives and discuss how international law was often experienced as oppression and violence in the non-Western world. The chapter concludes with a consideration of the classic sources of international law: customs, treaties, general principles of law, judicial decisions, and scholarly writings, each of which is presented in some detail.

How can the use of force by states be constrained under international law?  Under what circumstances has the use of force by states been deemed "legitimate"?  How are rules about the legitimate use of force changing?  These questions are examined in depth, along with the relevant instruments of international law.  The chapter details the various ways that "force" and "aggression" have been defined and used.  It treats all the major forms of force or coercion, including full-scale military operations, economic sanctions and reprisals, proxy and clandestine forces, small-scale conflicts.  It then traces growing prohibitions on the use of force from the League, the UN, the ICJ, and other sources.  Finally, the Laws of Armed Conflict are highlighted as are the Geneva Conventions and instruments limiting munitions and conflict on the land, air, and sea.  The use of drones and autonomous weapons systems, guided by AI, are highlighted as a growing area of concern for international law.

Chapter 6 concludes the book with a discussion of the future of Xinjiang as well as the implications for both China and US foreign policy. Given the ongoing US presence in Afghanistan, the complexities of US relations with Pakistan, and the increasing presence of Chinese nationals around the globe, it is easy to imagine how a seemingly manageable precipitating event could lead to outsized effects.

Chapter 2 provides an in-depth examination of the political violence occurring within and emanating from Xinjiang. We introduce the most comprehensive data on terrorism in China assembled to date, which we draw upon to argue that the nature of terrorism and counterterrorism in China has evolved in three fundamental ways. First, the nature of this violence has evolved over time from overt armed rebellions and riots to covert attacks. Second, the movement has shifted from separatism to a hybrid of ethnonationalism and jihadism. Third, the official response has partially transitioned from framing terrorism as a domestic issue cloaked by sovereignty to an issue of foreign affairs with increasing prominence in China’s diplomacy and military policy. This chapter also introduces the militant organizations that have been active in the conflict, details trends in violence, and assesses linkages between militants in Xinjiang and competent jihadist organizations active in Central Asia.

What role do international organizations play in international law? Similar to states, they have international legal personality, responsibilities, and immunities.  This chapter focuses on the preeminent global intergovernmental organization, the United Nations, and details the functions and limits of its principal organs.  Special attention is given to the General Assembly, Security Council, and International Court of Justice. The European Union is the leading example of a regional, supranational organization, and its authority and institutions are discussed in detail as well. The chapter concludes with brief considerations of other major international organizations, including the North Atlantic Treaty Organization, the Organization of American States, the African Union, and the World Health Organization.

Chapter 3 explores government sensitivities to terrorist violence. If the situation in Xinjiang is to escalate into something with broad international implications, it will be because Chinese domestic politics lead it to do so. As a consequence, it is vital to understand Chinese official sensitivities about terrorism. To develop this insight, we turn to official media coverage of terrorist violence to clarify how Chinese government authorities balance domestic and international priorities when approaching terrorist violence. Specifically, we examine media coverage of terrorist events in Xinjiang and provide an empirical account of how quickly and how transparently authorities provide information about these incidents to their domestic audience. We show that while transparency can foster the Chinese Communist Party’s legitimacy at home and abroad, the Party nearly always prioritizes short-term domestic stability. This reveals the extent to which counterterrorism policy is, and will likely remain, conservative and risk averse.

How have states coordinated their response to protecting the environment? This chapter outlines the major features of international environmental law, beginning with a brief history of global environmental governance.  We begin with a broad outline of the major environmental conferences, culminating in the architecture of climate change governance. While climate change is a focus of this chapter, we also highlight some of the other major environmental achievements related to protecting the marine environment, regulating atmospheric pollutants, and preserving biodiversity.  Core environmental law principles are detailed and illustrated with prominent cases for clarity.  The final sections examine the intersections between human rights, armed conflict, and the environment, concluding with a discussion of the impact of corporations on the global environment and the responsibilities they might bear for restoring it.

How do we define the state in international law, and what is its relationship to individuals? We begin by outlining the state as a legal concept and differentiating it from similar concepts. We then explore the legal personality of the state under international law, including the elements of statehood, absolute and restrictive immunity, and state responsibility. The problems of state recognition (or non-recognition) of other states and governments is a key to understanding how states interact, as are changes in state status (e.g., secession or other consequential changes).  The last half of the chapter is devoted to the reciprocal responsibilities state and individuals have toward one another, focusing on nationality, citizenship, refugees, statelessness, and the state’s treatment of foreign nationals.