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extraterritorialities in occupied worlds Before you start to read this book, take this moment to think about making a donation to punctum books, an independent non-profit press, @ http://punctumbooks.com/checkout/ If you’re reading the e-book, you can click on the image below to go directly to our donations site. Any amount, no matter the size, is appreciated and will help us to keep our ship of fools afloat. Contributions from dedicated readers will also help us to keep our commons open and to cultivate new work that can’t find a welcoming port elsewhere. Our adventure is not possible without your support. Vive la open-access. Fig. 1. Maayan Amir & Ruti Sela, Exterritory Project, preview 2010. extraterritorialities in occupied worlds. Copyright © 2016 by the authors and editors. This work carries a Creative Commons by-nc-sa 4.0 International license, which means that you are free to copy and redistribute the material in any medium or format, and you may also remix, transform and build upon the material, as long as you clearly attribute the work to the authors (but not in a way that sug- gests the authors or punctum books endorses you and your work), you do not use this work for com- mercial gain in any form whatsoever, and that for any remixing and transformation, you distribute your rebuild under the same license. http://creativecommons.org/licenses/by-nc-sa/4.0/ First published in 2016 by punctum books, Earth, Milky Way. www. punctumbooks.com isbn-13: 978-0692629437 isbn-10: 0692629432 Library of Congress Cataloging Data is available from the Library of Congress Cover design: Eileen A. Joy & Vincent W.J. van Gerven Oei Typographic design: Vincent W.J. van Gerven Oei Extra tErritorialitiEs in occupiEd worlds Edited by Maayan Amir & Ruti Sela punctum books mmxvi 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 vii 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 viii 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 ix 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; xi 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. xii The Introduction concept of extraterritorial- Maayan Amir ity designates certain & Ruti Sela 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. 13 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.
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