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Extraterritorial jurisdiction plays a significant role in regulation of transnational anti-competitive practices. In the U.S., extraterritorial impacts in this field first arose from Standard Oil Co. of New Jersey v. United States, [7] where Imperial Oil in Canada was ordered to be divested from Standard Oil.
The two main courts judging extraterritorial cases were the Shanghai Mixed Court and the British Supreme Court for China. [32] Similar courts were established for treaty countries, e.g. the United States Court for China. [33] These had jurisdiction over the concession areas, which formally remained under Qing sovereignty. [34]
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On 25 April 1942, the British government sounded its positions on the matter in a memorandum to the US government, in which it agreed to abolish extra-territorial jurisdiction in principle, but suggested to postpone negotiations to that effect until the end of the war. [7]
Ireland has universal jurisdiction for murder and manslaughter committed by its citizens. [1] This dates from at least 1829, [2] retained by the Offences against the Person Act 1861, as adapted in 1973. [3] Some international conventions to which the state is party require universal jurisdiction, as reflected in the enabling legislation.
The policing of transnational and international crimes is a challenge to state-based law enforcement agencies, as jurisdiction restricts the direct intervention a state's agencies can legally take in another state's jurisdiction, with even basic law enforcement activities such as arrest and detention "tantamount to abduction" when carried out extraterritorially. [3]
The Military Extraterritorial Jurisdiction Act (Pub. L. 106–523 (text), 18 U.S.C. §§ 3261–3267) (MEJA) is a law intended to place military contractors under U.S. law. [1] [2] The law was used to prosecute former Marine Corps Sgt. Jose Luis Nazario, Jr. for the killing of unarmed Iraqi detainees, though he was ultimately acquitted. [2]
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