Current extent of american extraterritorial criminal jurisdiction. The prevention of gross human rights violations under international. Initially, extraterritorial regulation in this field was confined to the uss unilateral attempts starting in the late 1970s. The extraterritorial application of the human rights act ralph wilde introduction a striking feature of some of the commentary on certain post 911 extraterritorial activitiesnotably the us detention of several hundred individuals at its naval base in guanthnamo bay, cubais the suggestion. Nevertheless, a number of american criminal laws apply extraterritorially outside of the united states. Initialed for identification by buyer and seller trec no. It would appear meaningful representation would equate to the ability to stop the exercise of the jurisdiction if there is sufficient support in the area. The aim of this paper is to study the effects doctrine. It often comes to conflicts against this background that is why extraterritorial jurisdiction is considered as a dangerous but yet an effective instrument of foreign politics.
Sec exerts extraterritorial jurisdiction over securities dealer accepting bitcoin. Constitutional limits on extraterritorial jurisdiction. The problem is not that data is located nowhere,1 but that it may be located anywhere, and at least parts of it may be located nearly everywhere. This extraterritorial application, however, can potentially harm crossborder business transactions. The european union and extraterritorial jurisdiction. Meessen this work contains the proceedings of a symposium held in dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law. Congressional authority to legislate extraterritorially does not, by itself, create extraterritorial jurisdiction. Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. Effective 9115 nonrecord courts cite record courts cite. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. It is well established that jurisdiction can be asserted on the basis of conduct occurring within a. This matrix shows that extraterritoriality is not a binary matter.
Any legal analysis of extraterritorial jurisdiction leans heavily on. The european commissions extraterritorial jurisdiction. Section 3041 of this title shall apply in any country where the united states exercises extraterritorial jurisdiction for the arrest and removal therefrom to the united states of any citizen or national of the united states who is a fugitive from justice charged with or convicted of the commission of any offense against the united states, and shall also apply throughout the united states for. However, as this paper intends to show, complex extraterritorial jurisdiction issues arise with increasing frequency in civil, commercial, and. Export controls apply extraterritorially circumstances in which foreign persons are subject to u. Factsheet extraterritorial jurisdiction of states parties the court recalled that, although article 1 obligation to respect human rights of the european convention on human rights set limits on the reach of the convention, the concept of juri sdiction under that provision was not restricted to. In the us, extraterritorial impacts in this field first arose from standard oil co. A states jurisdiction, in the present context, refers to its authority under international law to regulate the conduct of persons, natural and legal, and to regulate property in accordance with its municipal law.
Some commentators argue that international law imposes no restrictions on the jurisdiction of states in the civil sphere. It requires not only a solid justification but is also subject to many restrictions. Its range with respect to persons and places, in manual of. To protect perceived national interests, states have asserted extraterritorial jurisdiction. Article 1 obligation to respect human rights of the. Extraterritorial jurisdiction etj is a zoning overlay that allows a town to zone areas outside its limits in order to plan for future growth. Whether it also regulates the ability of states to exercise extraterritorial civil jurisdiction is, however, open to debate. Introduction datas intangibility poses significant difficulties for determining where data is located. Extraterritorial jurisdiction as a tool for improving the human rights. Extraterritorial jurisdiction etj is the legal ability of a government to exercise authority beyond its normal boundaries any authority can claim etj over any external territory they wish.
This has been reconciled with international law on the basis of a broad reading of the socalled effects doctrine. Extraterritoriality can also be applied to physical places, such as foreign embassies, military bases of foreign countries, or offices. And access to data does not depend on physical proximity. Extraterritorial jurisdiction in the european union fidh. Extraterritorial jurisdiction in the 27 member states of. Sec exerts extraterritorial jurisdiction over securities. Extraterritorial jurisdiction as a tool for improving the. Extraterritorial jurisdiction in international law in. The problem is not that data is located nowhere, but that it may be located anywhere, and at least parts of it may be located nearly everywhere. Extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Property owned by city in extraterritorial limits exclusive jurisdiction sec. And it has three columns public policies, regulation, and enforcement actions.
Terrorism and the intersection of national and international law, 48 harv. These implications of datas intangibility challenge. Colangelo introduction the united states, like many nationstates, presently claims the authority to project its criminal laws beyond its territorial borders. Extraterritorial jurisdiction in theory and practice editor.
Report of the task force on extraterritorial jurisdiction documents. First, a state has jurisdiction to prescribe law with respect to conduct that, wholly or in substantial part, takes place within its territory12 subjective territorial jurisdiction. Extraterritorial jurisdiction plays a significant role in regulation of transnational anticompetitive practices. Their combination yields six cells, each offering a range of options. Terrorism and the intersection of national and international law anthony j. Congress must enact a statute authorizing the assertion of such jurisdiction, and it is clear that it possesses the. United states jurisdiction over extraterritorial crime core.
Cities have been given by statute either a 3mile if pop. Extraterritorial jurisdiction, european convention on human rights. Extraterritorial jurisdiction for planning and development. Effective 9115 nonrecord courts cite record courts cite city ordinance. Regulation of subdivisions in extraterritorial jurisdiction generally a this section applies only to a county operating under sections 232.
Extraterritorial jurisdiction julie rose osullivan additional guidance is urgently needed regarding the analytical framework that ought to be applied to decide 1 when a crime that spans borders is committed domestically as opposed to extraterritorially. As noted above, the doddfrank act, signed into law less than a month after morrison, amended the securities act of 1933 and securities exchange act of 1934 to provide federal district courts with extraterritorial jurisdiction over sec enforcement actions. September 29, 2010 extraterritorial application of rico. Extraterritorial jurisdiction of states parties to the. It will give an overview of the current laws and practices of eu member states concerning extraterritorial jurisdiction for prosecution of crimes under international law. Extraterritorial jurisdiction in theory and practice brill. Jun 09, 2019 scope of the secs extraterritorial enforcement authority.
There are, however, specific principles under international law to assess when the extraterritorial reach of a state is permissible under international law. Extraterritorial jurisdiction echr council of europe. Export controls apply extraterritorially circumstances. The second type of territorial jurisdiction gives a state the power to regulate conduct outside its territory that has or is intended to. According to the principle of universality, a state may exercise extraterritorial. Extraterritorial jurisdiction harvard kennedy school.
It is very commonly the case that two or more states enjoy concurrent jurisdiction that is, prescriptive jurisdiction over the same conduct each under a different head. A new era of extraterritorial sec enforcement actions. The paper focuses on the compatibility or incompatibility of the criminal code, particularly its offencecreating sections and jurisdiction. These recognized bases for asserting jurisdiction include the territoriality principle, the nationality principle. Gradually, though, other states have since acknowledged the need for greater international cooperation to combat bribery in international business transactions, and several significant. Property owned in extraterritorial limits exclusive. Report of the task force on extraterritorial jurisdiction.
The steady increase in states exercising extraterritorial jurisdiction has. However, for the claim to be effective in the external territory except by the exercise of force, it must be agreed either with the legal authority in the external territory, or with a legal authority. Sewrpc comprehensive planning fact sheet landuse related. It is a matter of the law of the place where it occurs. The paper focuses on the compatibility or incompatibility of the criminal code, particularly its. Rather than focusing on the reach of the commissions extraterritorial jurisdiction, these comments have honed in on the commissions method of analysis. United states, where imperial oil in canada was ordered to be divested from standard oil. Extraterritorial jurisdiction in the 27 member states of the. Extraterritoriality comes into play when the law endeavors to regulate conduct of persons with respect to place of occurrence of the event subjected to the regulation. Extraterritorial jurisdiction of states parties to the european convention on human. The phenomenon of extraterritorial jurisdiction, or the exercise of legal power beyond territorial borders, presents lawyers, courts, and scholars with analytical onions comprising layers of national and international legal issues. January 2006 the north carolina experience with municipal.
In this regard, note that a states criminal jurisdiction to prescribe in relation to any given conduct is not necessarily exclusive. Whereas, chapter 212 of the texas local government code provides that a city may make a written contract with an owner of land that is located in the citys extraterritorial jurisdiction to. Enforcement jurisdiction refers to whether the competition laws of one country can. Only criminal jurisdiction will be discussed here and, as such, only the. Incorporation, annexation and extraterritorial jurisdiction. Oct 22, 2015 application of internal law by a state beyond its own territory is an extraordinary action in international law. Extraterritorial application of american criminal law. Extraterritorial application law and legal definition an extraterritorial application of a statute involves the regulation of conduct beyond u.
The classic example of a piece of legislation asserting extraterritorial jurisdiction based on the effects doctrine is the u. In 1955, charlotte was granted extraterritorial jurisdiction for a specified area for both its zoning and subdivision regulations. The extraterritorial nature of the aeca and eaa is found in other u. Extraterritorial application law and legal definition.
352 43 1253 740 1075 617 1397 1213 483 259 511 78 415 1187 810 473 742 249 798 1346 1196 543 1088 730 101 1007 517 7 1249 397 1358 130 128 851 1364 1142 859 1132