Extraterritoriality


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Extraterritoriality

The state of being exempt from a country or region's law. This may occur in an embassy, for example, which legally is not part of the territory in which it resides. Historically, extraterritoriality referred to the colonial right to be tried only by one's own justice system, even if one was in a foreign country.
References in periodicals archive ?
39) The court thus resolved the first question by finding that [section] 2423(b) does apply to conduct beyond American borders because neither the presumption against extraterritoriality nor the presumption against violations of principles of international law renders [section] 2423(b) jurisdiction exclusively domestic.
The Second Circuit Speaks: The Presumption Against Extraterritoriality Applies to Criminal Prosecutions, MORRISON Foerster (Sept.
Marco Simons, After Kiobel, Extraterritoriality Is Not a Question of Subject Matter Jurisdiction Under the Alien Tort Statute--and Neither Is Corporate Liability, Concurring Opinions (May 13, 2013), http://www.
367) Rather, the fact that the beef is ultimately sold in the state should be enough to render the extraterritoriality rule inapplicable.
1 discusses analysis of state interests, both in its purer Curriean form and in the more relaxed versions common in extraterritoriality cases today.
62) The concept of the inviolability of the premises of international institutions in international law evolved from the fiction of extraterritoriality with regard to legation premises.
The problem of like products and extraterritoriality only compound the issue.
Nonetheless, the ESA's policy does not specifically address extraterritoriality, and the TVA interpretation was made in an entirely different context.
Wollman, Maneuvering Through the Landmines of Multiterritorial Copyright Litigation: How to Avoid the Presumption Against Extraterritoriality When Attempting to Recover for the Foreign Exploitation of U.
163) The dissent wrote: "As with the extraterritoriality canon, the Court applie[d] a mutant version of a recognized canon when the recognized canon is itself inapposite.
New relations between capital and labor, bodies and the state, inclusion and exclusion, belonging and extraterritoriality, have taken shape.
In the nineteenth century, European and American powers took concessions and Chinese territories, while extracting financial gains and enjoying extraterritoriality.