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 ?
Shortly before Kiobel, the Court applied the presumption against the extraterritoriality doctrine in Morrison v.
Next, in a series of opinions known as the Insular Cases, (31) the Court addressed the question of extraterritoriality in the context of its applicability to any territory that is not a State; specifically, the insular geographic areas of Puerto Rico, (32) Guam, Hawaii, (33) American Samoa, and the Philippines.
outsides its borders (the extraterritoriality requirement outlined in
129) Structural concerns undergird the judicial presumption against extraterritoriality, but that presumption gives way when the popular branches say so.
the Morrison presumption against extraterritoriality in securities law.
869, 880 (2015) (discussing Congress' attempt to codify extraterritoriality reach of Sherman Act).
and out-of-state elements, extraterritoriality doctrine is concerned
The United States Supreme Court resolved significant cases by invoking the presumption against extraterritoriality twice in the last four years.
Drawing attention to the claims that an imperialist state, the United States, makes to justify extraterritoriality in Asia and the Exclusion Acts at home is also great.
8) Since [section] 10(b) covers both civil and criminal violations, the Court's reasoning, which relied heavily on the principle that "[w]hen a statute gives no clear indication of an extraterritorial application, it has none," (9) potentially implied that criminal statutes were not exempt from the presumption against extraterritoriality.
Treaty provisions around extraterritoriality and land taxation, Larsson argues, led Siam to engage in an 'intentional underdevelopment' (p.