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Certain federal property has the status of federal enclave, restricting the application of state laws, [33] but that has been partially rectified by the Assimilative Crimes Act. [34] Similarly, state jurisdiction is restricted on Native American tribal lands.
In international law, extraterritoriality or exterritoriality 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. [1]
While states in the past may have contested any extraterritorial obligations on the basis of international law, which implies that a state is not to infringe on the sovereignty of another state, [10] such obligations, in particular for the prevention of genocide and other atrocity crimes, are increasingly being referenced in international legal ...
RJR Nabisco, Inc. v. European Community, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the Racketeer Influenced and Corrupt Organizations Act has certain extraterritorial applications, but that plaintiffs must prove injuries within the United States for the Act to apply. [1]
"The extraterritorial application of Hong Kong's national security laws is fully consistent with international law and practice," ministry spokesperson Mao Ning said told reporters at a Friday ...
For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if: (A) the defendant is not subject to jurisdiction in any state's courts of general jurisdiction; and (B) exercising jurisdiction is consistent with the United States Constitution and laws.
Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013), was a United States Supreme Court decision in which the court found that the presumption against extraterritoriality applies to claims under the Alien Tort Claims Act.
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation or adjudicate any rights involving them.