Judicial Territory: Law, Capital, and the Expansion of American Empire with Shaina Potts

Jun 20, 2025

Shaina Potts, an expert in economic and legal geography and Associate Professor at UCLA, dives deep into how U.S. courts serve as tools of global economic governance. She explores the concept of 'judicial territory,' detailing how American legal authority shapes international relations and disciplines postcolonial states. The discussion includes significant cases like the one involving Ghana and Argentina, revealing the complexities of judicial power and sovereign immunity. Potts also examines potential legal geographies emerging from rivals like China and Russia.

Ask episode

AI Snips

Chapters

Books

Transcript

Episode notes

INSIGHT

Court Power Expands via Reclassification

U.S. courts extend their authority beyond borders by reclassifying foreign governments' economic acts as private, commercial activities.
This process narrows the political sphere and enlarges the commercial domain in U.S. judicial power.

ANECDOTE

Argentina Ship Seizure by Hedge Funds

New York hedge funds sued Argentina and convinced Ghanaian courts to seize an Argentine military ship docked in Ghana.
The UN and Ghana's Supreme Court ruled the vessel exempt due to sovereign immunity as it was a military asset.

INSIGHT

Judicial Territory Foregrounds Space

Judicial territory describes the geographic reach of U.S. courts' authority over transnational actors.
The concept highlights how space and territorial power remain central in legal governance of economic relations.

Get the Snipd Podcast app to discover more snips from this episode

Get the app

In this episode, we sit down with Shaina Potts, author of Judicial Territory: Law, Capital, and the Expansion of American Empire (Duke University Press, 2024)—a groundbreaking book that reveals how U.S. courts have quietly become instruments of global economic governance. Drawing on legal geography and a sharp understanding of finance and political economy, Shaina uncovers how American judicial authority has extended beyond borders to discipline postcolonial states, enforce the primacy of private property, and protect the rights of foreign investors. This legal reach—what she calls judicial territory—has been a crucial, yet overlooked, pillar of U.S. empire and the liberal international order.

The conversation unpacks how doctrines like foreign sovereign immunity and the act of state doctrine have enabled courts in New York and elsewhere to shape global capital flows, often treating foreign governments like private firms. Through detailed case studies—such as a startling instance where a U.S. court orders Ghana to seize an Argentine ship—we trace the long arc of legal imperialism from the Cold War through today’s multipolar tensions. We also ask: Could China or Russia create alternative legal geographies of power? What does the future hold for judicial authority in fields like tech regulation, climate, and global finance?

GUEST BIO: Dr. Shaina Potts is an economic, legal, and political geographer and Associate Professor at UCLA. She focuses on the articulation of international political economy, geopolitics, and law. In the age of globalization, cross-border economic processes are often treated as placeless, ubiquitous flows, making nation-states and borders increasingly obsolete. Her work shows, in contrast, how transnational economic relations are inscribed in concrete and geographically specific legal and institutional practices and that states remain central to producing and governing this activity. Much of her research combines analyses of technical, economic, and legal processes with extensive historical and geopolitical contextualization to show how the perpetuation of North-South economic inequalities is shaped by the micro-operations of contracts, financial transactions, and law. A strand of her research focuses on financial geographies of sovereign debt, with a focus on debt crises in the Global South.

More on Shaina and research is available here: https://geog.ucla.edu/person/shaina-potts/

LINKS TO RESOURCES:

Judicial Territory: Law, Capital, and the Expansion of American Empire: https://dukeupress.edu/judicial-territory
Long-form essay on Shaina Potts' Judicial Territory by Ilias Alami: https://journals.sagepub.com/doi/10.1177/0308518X251342660
The Spectre of State Capitalism by Ilias Alami and Adam Dixon: https://academic.oup.com/book/57552

Corporate Sovereignty Law and Government under Capitalism by Joshua Barkan - https://www.upress.umn.edu/9780816674275/corporate-sovereignty/

Learn more about your ad choices. Visit megaphone.fm/adchoices

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/economics