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Joy & Vincent W.J. van Gerven Oei Typographic design: Vincent W.J. van Gerven Oei Extra tErritorialitiEs in occupiEd worlds punctum books mmxvi Edited by Maayan Amir & Ruti Sela vii Contents Maayan Amir & Ruti Sela Introduction 13 extraterritorial ethics Emmanuel Levinas The Rights of Man and the Rights of the Other 31 Robert Bernasconi Extra-Territoriality: Outside the State, Outside the Subject 41 Zygmunt Bauman The World Inhospitable to Levinas 59 Steven Galt Crowell Authentic Thinking and Phenomenological Method 89 extraterritorial geographies Giorgio Agamben Beyond Human Rights 109 Anselm Franke, Eyal Weizman & Ines Weizman “Islands”: The Geography of Extraterritoriality 117 viii Stuart Elden Outside Territory 123 Angus Cameron Where Has All The (Xeno)money Gone? 137 Victoria Bernal Extraterritoriality, Diaspora, and the Space of Cyberspace 157 extraterritorial crimes Mireille Hildebrandt Extraterritorial Jurisdiction to Enforce in Cyberspace?: Bodin, Schmitt, Grotius in Cyberspace 173 Julien Seroussi The Rise of Legal Cosmopolitism: Denationalization & Territorialization of Law 203 Cedric Ryngaert Extraterritorial State Action in the Global Interest: The Promise of Unilateralism 215 Ed Morgan Franz Kafka: Extraterritorial Criminal Law 243 extraterritorial poetics Martin Jay The Extraterritorial Life of Siegfried Kracauer 275 Matthew Hart & Tania Lown-Hecht The Extraterritorial Poetics of W.G. Sebald 335 Homi K. Bhabha The World and The Home 361 ix Gerhard Richter Homeless Images: Kracauer’s Extraterritoriality, Derrida’s Monolingualism of the Other 377 Caryl Emerson The Outer World and Inner Speech: Bakhtin, Vygotsky, and the Internalization of Language 423 extraterritorial objects Theodor W. Adorno Valéry Proust Museum 447 Graham Harman Subspatial and Subtemporal 459 × About the Contributors 475 xi Acknowledgements This anthology collects previously published seminal writings alongside new essays written especially for the present volume. The work on the pub- lication began when we initiated a series of public symposia on extraterrito- riality in various global locations in the framework of the ongoing artistic platform Exterritory Project . These events opened an indispensable discursive platform for us on the concept of extraterritoriality and instigated some of the contributions now included in the book. The first symposium, held in Paris in May 2012, was organized in collaboration with the Kadist Art Foun- dation and the Evans Foundation. The second symposium took place in Jaffa in May 2012. The third event was hosted by Beit HaGefen Culture Center in Haifa in December 2013, while the fourth was organized in collaboration with the Stedelijk Museum in Amsterdam, which also hosted the event in March 2015. We would like to express our deep gratitude to the writers whose inspiring essays are republished here as well as to those who gener- ously agreed to engage in this effort. It is with the great help of the contribu- tors, the hosting institutions, and the project’s various supporters that this volume was made possible; we are grateful for their encouraging willingness to take part and aid. Our special thanks go to Sandra Terdjman, then-Director of the Kadist Art Foundation and currently Co-Founder and Director of Coun- cil, for her keen involvement in organizing the first and third symposia and for her valuable and enduring faith in the project. We are also thankful for the dedicated help of Émilie Villez, current Kadist Director and Curator Léna Monnier of the Kadist Art Foundation as well as to Anne Davidian, Head of the Paris Office of the Evens Foundation. In addition, we thank Curator Jelle Bouwhuis and Assistant Curator Joram Kraaijeveld at the Stedelijk Museum; xii Director and Curator Yeala Hazut and artist and Curator Farid Abu Shakra at Beit-HaGefen; Goethe-Institut Tel-Aviv, in particular Dr. Georg Blochmann; and Institut français de Tel-Aviv, in particular Olivier Tournaud. We owe a special debt of gratitude and appreciation to Tal Yahas, Dr. Anat Ben-David, Maya Feldman, Carolina Ben Shemesh, Dganit Turjeman, Renrad Gluzman, Shony Rivnay, Shlomo Gross and Alon Agmon, and to all those who sup- ported the project over the years. In particular, we are forever indebted to the generosity of Vivian Ostrovsky and the Ostrovsky Family Fund. Finally, we wish to give our thanks to Rachel Katz for her assistance in the project. 13 The concept of extraterritorial- ity designates certain relationships between space, law, and representa- tion. This collection of essays explores contemporary manifesta- tions of extraterritoriality and the ways in which the concept has been put to use in various disciplines. Some of the essays were writ- ten especially for this volume, while others are brought together here for the first time. The inquiry into extraterri- toriality found in these essays is not confined to the established boundaries of political, conceptual, and representational territories or fields of knowledge; rather, it is an invitation to navigate the margins of the legal–juridical and the political, but also the edges of forms of repre- sentation and poetics. Within its accepted legal and political contexts, the concept of extrater- ritoriality has traditionally been applied to people and to spaces. In the first case, extraterritorial arrangements could either exclude or exempt an individ- ual or a group of people from the territorial jurisdiction in which they were physically located; in the second, such arrangements could exempt or exclude a space from the territorial jurisdiction by which it was surrounded. The spe- cial status accorded to people and spaces had political, economic, and juridi- cal implications, ranging from immunity and various privileges to extreme disadvantages. In both cases a person or a space physically included within a certain territory was removed from the usual system of laws and subjected to another. In other words, the extraterritorial person or space was held at what could be described as a legal distance. (In this respect, the concept of extra- territoriality presupposes the existence of several competing or overlapping legal systems, whether officially recognized or not.) It is this notion of being held at a legal distance around which the concept of extraterritoriality may be understood as revolving. Introduction Maayan Amir & Ruti Sela 14 extraterritorialities in occupied worlds This publication is a part of Exterritory Project, an ongoing art project that wishes to encourage both the theoretical and practical exploration of ideas concerning extraterritoriality in an interdisciplinary context. The project aims not only to draw on existing definitions of extraterritoriality but seeks to reload it with new meanings, searching for ways in which the notion of ex- traterritoriality could produce a critique of discriminating power structures and re-articulate new practical, conceptual and poetical possibilities. The project was initiated in 2009 when we decided to screen a video com- pilation of works by Middle-Eastern artists onto the sails of boats sailing in the extraterritorial waters of the Mediterranean as a response to the enduring Israeli–Palestinian conflict. We wished to create a neutral space to exhibit art that would be unrestricted by any single set of national constraints. Extrater- ritorial waters seemed to us a space that could offer the suspension of the neighboring states’ regimes. The naval limits of sovereign territories were originally demarcated in order to establish trade relations between nations. In the Western legal tradition as articulated in the early seventeenth century, the high seas were perceived as a space of “experiential unruliness.” 1 The extent of a state’s ter- ritorial waters was originally defined by the range covered by a cannon shot fired from the state’s land territory out to sea. In ensuing centuries, the range of territorial waters became increasingly determined by the technological limits of a nation’s ability to wage war and exercise its control. 2 For these rea- sons, we wanted to launch the project in extraterritorial waters at the point at which the sovereignty of the state is no longer effective, if only symbolically. We commenced the project wishing to bring together artists and think- ers from conflict areas where such meetings are normally forbidden. We de- cided to initiate a meeting in the extraterritorial waters of the Mediterranean, openly inviting people from diverse disciplines to offer their interpretation of the concept of extraterritoriality and to project their artworks onto the sails of the participating boats. By using this unoccupied space and exploring dif- ferent ideas of extraterritoriality, we wished to emphasize the need to create unstable sites that could depart from familiar ways of experiencing political 1 Mireille Hildebrandt, “Extraterritorial Jurisdiction to Enforce in Cyberspace?: Bodin, Schmitt, Gro- tius in Cyberspace,” this volume, 188. 2 Cornelius van Bynkershoek, A Treatise on The Law of War (Clark, nj : The Law Book Exchange, 2008). The establishment of cannon shot as a rule may be traced to the writings of several French and Dutch jurists from as early as the eighteenth century: see W.L. Walker, “Territorial Waters: The Cannon Shot Rule,” British Year Book of International Law, no. 22 (1945): 210. 15 introduction concepts. We sought to produce an image that would transgress the usual ter- ritorial conventions of art exhibitions, where national politics and market in- terests intersect. Under such conditions, works of art are exploited to promote national agendas and profits, and are, as such, often seemingly de-politicized. By exhibiting works of art in an extraterritorial space, we sought to challenge and recontextualize these conventions. During 2010, the project expanded into an ongoing collaborative art initiative that strove to provide a platform for producing and sharing knowledge, critical thinking, and various forms of artistic and cultural production. In particular, our goal was to explore the re- lationships between various forms of what may be termed extraterritoriality. The idea that informs our exploration is that rather than being a single static form, extraterritoriality always involves a practice with its own logic of representation. Understanding extraterritoriality in such terms helps to explain its applicability in multiple and diverse types of discourse ranging from legal theory — where the concept designates both a legal status and a geographical jurisdiction — to sociology, political philosophy, literature, economy, architecture, and many others fields. Viewing extraterritoriality in this manner also helps explain why the concept has been applied to widely different, even conflicting phenomena. For these reasons, rather than trying to redefine what extraterritoriality is, we propose to adopt it as a vital prism from which to reflect on and decipher certain aspects and possibilities of con- temporary political life. This book is an attempt to bring together for the first time seminal theo- retical writings pertaining to the notion of extraterritoriality. In doing so, we hope to promote the production of new knowledge by exploring these and related notions. This endeavor is part of the Exterritory Project ’s effort to iden- tify and rethink the unique features of extraterritoriality as a logic of repre- sentation and to contribute to its broader understanding. Based as it is in the arts, this project builds on a view that extraterritori- ality — the quality of being held at a legal distance — may characterize not only people and spaces , but any entity or thing that follows the same logic of representation , where “entities,” or “things,” may be physical objects, but also intangible entities such as visual images. Extraterritoriality regulates the function and circulation of people and things within space and across bor- ders, sometimes by exclusion, sometimes by exemption. Under conditions of extraterritoriality, people and things are placed in a space that is beyond the reach of particular legal or political systems that would otherwise apply to 16 extraterritorialities in occupied worlds them. This book presents several attempts to expand this understanding of extraterritoriality to a wider range of objects and spheres of activity. As with all legal and political concepts, the concept of extraterritoriality has acquired different meanings in different historical contexts based on the myriad ways in which it has been put to use. Etymologically, the term “extra- territoriality” is derivative of the Latin extra territorium — “outside the terri- tory.” An examination of the different definitions of extraterritoriality, both historical and contemporary, not only reveals a complex dynamics between the term’s various early meanings (“being outside of one’s territory,” “hav- ing no territory,” etc.), but also shows how new extraterritorial phenomena helped redefine these terms over time, imbuing them with new meanings. Since the establishment of the state system from the sixteenth century onward, the notion of extraterritoriality has emerged in various fields of knowledge, where it has been applied in different ways. Extraterritoriality is often dialectically defined in relation to and as a result of territoriality . That is, extraterritoriality is understood as a corollary of the post-Westphalian divi- sion of the globe into distinct sovereign territories. However, the relationship between the concept of extraterritoriality and that of sovereign territoriality is much more complex. A more careful look at the history of extraterritorial- ity shows that its origins were not simply derivative of territorial definitions; on the contrary, the notion of extraterritoriality and its applications have of- ten been the product of attempts to evade territorially based laws (including those regulating the circulation of images). To understand the notion of ex- traterritoriality as it is currently deployed, we must therefore conceptualize it within a larger context. As the essays in this volume suggest, such a context must also include literature and the arts. × This anthology is divided into five parts. In doing so, we do not mean to erect closed borders within the book or limit the reader’s movement. Rather, we suggest this arrangement and the order of the essays within each section as a possible sequence, a recommended path for the reader to take. Moreover, to signify the fluidity and permeability of the book’s division into sections, the essay that concludes each section of the book presages some of the themes of the following one. The present selection of essays also suggests various links to writings from similar intellectual genealogies. Focusing on perceptions of 17 introduction extraterritoriality presented in them, however, unravels the different read- ings of these genealogies and sometimes even reveals essential distinctions in their applications. The book’s first part, “Extraterritorial Ethics,” comprises four interre- lated essays, each offering a different interpretation of extraterritoriality. In the essay, “The Rights of Man and the Rights of the Other,” philosopher Em- manuel Levinas develops a reinterpretation of the concept of the “rights of man.” Departing from the term’s original eighteenth-century meaning and surveying its subsequent development in Western thought, Levinas points to the risks and limitations of defending such rights within existing social, political, conceptual, and ideological frameworks. Stressing the need to de- fend these rights beyond rational calculation and the law in general, Levinas resorts to extraterritoriality as a vital space from which forms of dictatorship and totalitarianism, but also the inequalities found in the liberal state, can be fought. According to Levinas, any effort to protect human rights must rely on the understanding that these rights are located outside the state; “defense of the rights of man,” he writes, “corresponds to a vocation outside the state [...] a kind of extraterritoriality, like that of prophecy in the face of the political power of the Old Testament.” 3 Furthermore, extraterritoriality is an essential site from which “the I frees itself from its ‘return to self,’ from its auto-affir- mation, from its egotism of a being persevering in its being, to answer for the other , precisely to defend the rights of the other man.” 4 In this sense, accord- ing to Levinas, the rights of man and the rights of the other are inseparable. In “Extraterritoriality: Outside the State, Outside the Subject” philoso- pher Robert Bernasconi explores Levinas’s conception of extraterritoriality in the larger context of his oeuvre. According to Bernasconi, Levinas’s aim was to account for the ethical threats to the “rights of man” posed by totalitar- ianism but also by liberalism. To this end, he addressed certain dilemmas and antinomies in political philosophy such as the tensions between solidarity and the liberal articulation of individual freedom, between individualism or communitarianism, between multiple types of freedoms, between the pub- lic and the private spheres as conceived in liberal and other ideologies, and so forth. Drawing on multiple sources, from Biblical prophetic and eschato- logical traditions to Moses Mendelssohn and Karl Marx, Levinas eventually 3 Emmanuel Levinas, “The Rights of Man and the Rights of the Other,” this volume, 37. 4 Ibid. 18 extraterritorialities in occupied worlds turned to extraterritoriality as a dimension essential to the protection of the oppressed and for human freedom. According to Bernasconi, Levinas postu- lates a conception of moral freedom that transcends phenomenology as an ethics of asymmetry, at the center of which is one’s self-imposed commit- ment to defend the Other. In this manner, the “rights of man” are located both outside of the state and outside the subject, neither in the realm of politics nor in that of ethics, but in the extraterritorial conjunction between the two. In the next essay “The World Inhospitable to Levinas,” sociologist Zyg- munt Bauman criticizes Levinas’s conception of morality in terms of a face- to-face encounter with the Other, arguing that Levinas’s Other is no more than a mirror image of one’s responsibility. Unlike Bernasconi, then, Bauman locates Levinasian ethics within phenomenology. In place of the Levinasian approach, he emphasizes the importance of morals established on reason. Instead of basing ethics solely on acquaintance with the “other as a face,” he contends, we must also base it to some inevitable extent on the various so- cial “masks” worn by “faceless” others. 5 In addition, Bauman warns against the hazards of categorical stereotyping when adopting a model of the Other, highlighting the dialectical constraints of any ethics based on the “moral party of two.” 6 He argues that in contemporary times, when economy has gained independence from the state, it is not ethics but rather “the real pow- ers which decide the shape of things [which] have acquired a genuine ex- territoriality.” 7 The extraterritorial nature of power serves an extraterritorial elite whose “liquid” resources are extraterritorial as well. This state of affairs exempts the elite from the obligation or the need to “engage with [the] conse- quences” affecting those who remain confined to locality and territoriality. 8 This process, Bauman argues, has made it more difficult to maintain a dis- tinction “between the internal and global market, or more generally between the ‘inside’ and the ‘outside’ of the state [...] in any but the most narrow, ‘terri- tory and population’ policing sense.” 9 In “Authentic Thinking and Phenomenological Method,” philosopher Steven Galt Crowell discusses the notion of authentic thinking as introduced by the founder of phenomenology, Edmund Husserl, in his Logical Investiga- tions. In particular, Crowell examines the claim that Husserl’s concept of au- 5 Zygmunt Bauman, “The World Inhospitable to Levinas,” this volume, 63. 6 Ibid. 7 Ibid., 74. 8 Ibid., 75. 9 Ibid., 77. 19 introduction thentic thinking enabled the move to a philosophy of speculation, that is, to speculative and constructive phenomenological approaches which argue for a givenness beyond human intuition. Revisiting Husserl’s claim that think- ing itself is a form of intuition, Crowell suggests that the crucial distinction for Husserl is not between thought and intuition, but rather between intu- ition and signification. While for Husserl “every expression has signification, whether or not it has an intuitive fulfillment,” some categorical formation of intuition might nevertheless remain merely “empty” or “symbolic.” 10 Intu- ition, Crowell stresses, “continues to play its cognitively critical or normative role with respect to signification, but it does so precisely as thinking , thus not as something foreign to the space of reasons.” 11 In later readings of Husserl, this understanding of perception presents a break in Husserl’s phenomenol- ogy, allowing symbols to “have a life of their own.” 12 According to Jean-Luc Marion, for example, this makes signification “a kind of givenness without intuition”: 13 signification comes before intuition, of which it is the Other. Against this reading, Crowell claims that according to Husserl, “to say that signification can be ‘valid’ without a confirming intuition — that is, can be empty — is not yet to say that it is ‘extraterritorial’ with respect to intuition,” 14 for according to Husserl, signification is itself given intuitively. Crowell’s essay thus presents yet another entry point into rethinking Levinasian ex- traterritorial ethics. By following the above logic of “authentic thinking,” Crowell reaches a somewhat similar conclusion to Bauman’s, claiming that Levinas’s view of the Other as transcending intuition can be traced back to our experience. Part two of the book consists of five essays exploring “Extraterritorial Ge- ographies.” The first essay, Giorgio Agamben’s “Beyond Human Rights,” pro- ceeds from similar ethical concerns invoked by Levinas. But whereas Levinas uses extraterritoriality as a spatial metaphor in order to resolve the abstract philosophical problem of the Other, Agamben turns to extraterritoriality in order to grapple with the very concrete spatial problem of stateless refugees; even more concretely, he proposes that adopting notions of extraterritorial- ity may help resolve the Israeli–Palestinian conflict over Jerusalem. Accord- ing to Agamben, the figure of the refugee marks the need to abandon cur- 10 Steven Galt Crowell, “Authentic Thinking and Phenomenological Method,” this volume, 97. 11 Ibid., 93. 12 Ibid., 94. 13 Ibid., 97. 14 Ibid.