Extraterritorial legal definition of extraterritorial. A jurisprudential justification for extraterritoriality in private international law 521 to be satisfied with the obviously less troublesome assumption, that the original document concerning extraterritoriality is to be found in the treaty of 1535 between the franks and the turks. A framework for understanding extraterritorial ripple effects ryan budish, herbert burkert, and urs gasser aegis series paper no. Zacher 2001 lists several other treaties or documents as examples of territorial integrity norms. The project gutenberg ebook of international law vol.
You may copy it, give it away or reuse it under the terms of the project gutenberg license included with this ebook or online at. Jun 09, 20 the eu seeks to galvanise third country or global action to tackle transboundary problems and to pursue objectives that have been internationally agreed. The enduring benefits of interstate recognition of. This article explores the consequence of the courts view that the territorial integrity of the colonial territory is a matter of customary international law, and that any division, integration or other disruption of that colonial territory after december 1960 is unlawful, without the free and genuine consent of the people of the colonial. Territorial integrity is in almost all legal documents paired with the notion of political independence. Extraterritorial jurisdiction as a tool for improving the. Stricter territoriality also accords with the foundations of the westphalian order, under which the tenets of state sovereignty and territorial integrity have largely defined the international legal system. Information and translations of extraterritorial in the most comprehensive dictionary definitions resource on the web. Apr 12, 2019 extraterritoriality, also known as extraterritorial rights, is an exemption from local laws. Canadas foreign extraterritorial measures act fema and orders issued under fema are canadas response to foreign laws that apply extraterritorially to canadian companies and nationals.
Traditional methods of storing files, such as offsite warehouses, have given way to the steadily accelerating use of electronic files and digital data networks. Territorial integrity and the war on terror progressive geographies. That means that an individual with extraterritoriality who commits a crime in a particular country cannot be tried by the authorities of that country, although often she or. Extraterritoriality and territorial extension in eu law by. Extraterritoriality for ambassadors and other diplomatic representatives gained widespread acceptance during the reign of queen anne of great britain 16651714. The territorial integrity protects the borders of states from external aggression acts by other states, and in doing so. Maastricht principles on extraterritorial obligations of states in the area of economic, social and cultural rights on 28 september 2011, at a gathering convened by maastricht university and the international commission of jurists, a group of experts in international law and human rights. Agenda for the reestablishment of peace and territorial. Extraterritoriality, also known as extraterritorial rights, is an exemption from local laws. Extraterritoriality and what it means for business. Fourth amendment rights turn on whether the search or seizure takes place territorially or extraterritorially. Monday, november 5, 2007 extraterritorialxtraterritorial.
A jurisprudential justification for extraterritoriality in. He believed that the greatest gift in life is time, and he was an example to all who knew him of living his life to the fullest. Information and translations of interterritorial in the most comprehensive dictionary definitions resource on the web. We would like to show you a description here but the site wont allow us. The cias updated executive order 12333 attorney general guidelines timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of. Extraterritoriality and what it means for business ethical.
Hannah arendt had no legal training, and before 1960 her writings display little interest in law or legal institutions. We acknowledge that states may soon adapt sovereignty to operate differ. The course of events since 1905, when this work first made its appearance, and the results of further research have necessitated not only the thorough revision of the former text and the rewriting of some of its parts, but also the discussion of a number of new topics. Bush,17 held that aliens detained extraterritorially lack due process protections. Contents summary 1 abbreviations 3 1 introduction 4 1. Ex t r at e r r i t o r i al ob l ig at i o n s con s o r ti u m extraterritorial state obligations and economic social and cultural rights.
The extraterritorial constitution and the interpretive relevance of international law for over a century, courts have wrestled with the question of whether, and to what extent, the constitution applies outside of the united states. Extraterritoriality, also called exterritoriality, or diplomatic immunity, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present. Chinese history during the era of the first republic was defined and shaped and must ultimately be interpreted according to the. Sovereignty over pedra brancapulau batu puteh, middle rocks. Pdf this paper examines the use of the term territorial integrity, a term with two interlinked and usually compatible meanings. Hannah arendt as a theorist of international criminal law. Extraterritoriality extends to foreign states or international organizations as entities and to their heads, legations, troops. Replacing the presumption against extraterritoriality. A hoover institution essay encryption policy and its. Extraterritoriality legal definition of extraterritoriality. Goodrich l m, hambro e, 1946 charter of the united nations. Replacing the presumption supreme court has continued to wholeheartedly embrace the presumption against extraterritoriality in transnational litigation in u. The core of the debate dates back to the peace of westphalia, signed in 1648, after settlement of the thirty years war in which the territorial integrity, sovereignty of states were enshrined. The deterritorialization of cultural heritage in a globalized.
Extraterritorial economic sanctions and their foundation in international law 633 examples the us9can legally claim such extraterritorial regulatory authority. In part their support for the territorial integrity norm is attributable to pressure from the western countries, especially through the organi. Territorial integrity is the principle under international law that prohibits states from the use of force against the territorial integrity or political independence of another state. It imposes particular hardships on small and medium sized american enterprises seeking to participate in the global economy. Earlier this month, after the senate overwhelmingly passed a bill that would authorize and in some cases mandate sanctions on foreign energy firms that participated in certain russian energy projects, the governments of germany and austria issued a joint statement that they cannot accept a threat of extraterritorial sanctions, illegal under international laws, against european companies.
A territorial justification for extraterritorial jurisdiction 1227 1 extradition or expulsion cases. A culture of corruption raises the costs of penetrating foreign markets and undermines predictability and business confidence. Ukraine sovereignty and territorial integrity introduction 1. The enduring benefits of interstate recognition of notarial act laws 3 introduction in the united states of america, no principle is more important to the acceptance of documentary transactions among the states than their reciprocating official recognition of. Migration as reterritorialization 121 rate from formal spheres of power. The classical understanding of the concept of territorial integrity address es states alone. While this question first surged to prominence when the enterprise of american expansionism went to the supreme court. Extraterritoriality the operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws. He was an expert sky diver, snow and water skier, mountain climber, marathon runner, as well as an award winning screenplay writer. Extraterritoriality extends to foreign states or international organizations. This principle also upholds the sovereign nature of states and prevents interference from external parties or states. In order to do so, we will start by defining the concept of. Globalization and cultural identity developments in adolescence and emer ging adulthood globalizationthe flow across cultures of ideas, goods, and people at. Territoriality looms large in our jurisprudence, particularly as it relates to the governments authority to search and seize.
Under that view, states are seen as the entities whose territo rial integrity is supposed to be protected and states are, at the same time, the addressees of the norm not to violate the territorial integrity of other states. Sep 27, 2016 canadas foreign extraterritorial measures act fema and orders issued under fema are canadas response to foreign laws that apply extraterritorially to canadian companies and nationals. It is a political term, for example when applied to a nationstate like iraq, which has borders which were imposed at th. In this period, british officials arrested a russian ambassador who had run up substantial debt to the british government. The deterritorialization of cultural heritage in a globalized modernity the aim of the following essay is to deal synthetically with the deterritorialized quality acquired by cultural heritage in the transition from first modernity to globalized modernity. 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. Territorial integrity further guidance on export and trade sanctions is. It is the writers opinion that the origin of extraterritorial. Conversely it states that imposition by force of a border change is an act of aggression.
Pdf territorial integrity and the war on terror researchgate. In international law, extraterritoriality exempts certain diplomatic. It finds that under international principles, extraterritorial jurisdiction is often legal, with. Dsg is over posted on december 21, 2011 25 comments pdf dsg believe in building appropriate tools for struggle. It is investigated what the impacts of these are on the political economy of the region. Volume i of 2, by lassa francis oppenheim this ebook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever.
Extraterritorial article about extraterritorial by the free. Aug 16, 2005 extraterritoriality and what it means for business by peter davis pol. Sovereignty, territorial integrity, and the right to. The rise of electronic documents and electronic networks have also led to an exponential growth in the volume of material to be stored. Introduction throughout the 20th century, the extraterritorial application of domestic law has given rise to considerable controversy. Decried variously as an attaint to the sovereignty of other states, as a violation of international law or even as a. Secession can be a legitimate aim of some selfdetermination movements, particularly in response to gross and systematic violations of human rights and when the entity is potentially politically and economically viable. Extraterritorial article about extraterritorial by the. It is posited that migration is a discrete form of reterritorialization that is a. Legal jurisdiction and the deterritorialization of data.
Nonterritorial definition of nonterritorial by the free. One thing that has united the sometimes disparate organisations campaigning for greater corporate responsibility is the call for international legal frameworks to govern the behaviour of multinational companies. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Territorial integrity in international law its concept. The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws. Maastricht principles on extraterritorial obligations of. The cias updated executive order 12333 attorney general. Monday, november 5, 2007 extraterritorialxtraterritorial esi. Back to the future on extraterritorial sanctions on.
Territorial integrity treaties, uti possidetis, and armed conflict over. Council regulation eu 2692014 the regulation imposing financial sanctions against regime has been amended so that an asset freeze no longer applies to 2 persons listed in the annex to this notice. Extraterritoriality as an instrument professor herve ascensio introduction 1. Legal principles of interest for middle eastnorth africa1 economic, social and cultural rights escr have been progressively developed as human. Existing multilateral agreements such as the ilo tripartite declaration, or the oecd guidelines, while seen as a step in the right direction, are criticised because. Foreign relations at home and abroad in the republican era william c. Unfortunately, there is no easy solution to the dilemmas presented by selfdetermination movements in the world today. The simplest approach to dealing with the extraterritorial application of the patent regime would be to strictly limit patent infringement to acts committed within the united states. The extraterritorial application of eu and us competition laws.
Export controls apply extraterritorially circumstances. Intraterritorial definition of intraterritorial by the. The deterritorialization of cultural heritage in a. Intraterritorial definition of intraterritorial by the free. And once we view them simply as exceptionalists, there is. Jurisdiction exercised by a nation in other countries by treaty, or by its own ministers or consuls in foreign lands. The importance to the eu of this international orientation is clear from the criticisms that the eu has made of extraterritoriality and territorial extension in united states law. Territorial integrity and selfdetermination dialnet. That means that an individual with extraterritoriality who commits a crime in a particular country cannot be tried by the authorities of that country, although often she or he will still be subject to trial in his or her own country.
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