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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 ]
In the EU it is recognised based on the qualified effects or implementation test. [12] Extraterritorial jurisdiction in the area of antitrust faces various limitations, such as the problem of accessing foreign-based evidence, [13] as well as the difficulties of challenged anticompetitive conduct arising from foreign state involvement. [14]
Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdiction (depending on the jurisdiction).
An extraterritorial operation in international law is a law enforcement or military operation that takes place outside the territory or jurisdiction of the state whose forces are conducting the operation, generally within the territory of another sovereign state.
Article I: The U.S. relinquished all rights to extraterritoriality in China, including such rights previously established under the Treaty of Wanghia and the Treaty of Tientsin. As a result, the United States Court for China and the U.S. Consular Courts in China, which exercised extraterritorial jurisdiction in China, were abolished.
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.
Pages for logged out editors learn more. Contributions; Talk; Exterritoriality
In countries outside of its borders, a foreign power often has extraterritorial rights over its official representation (such as a consulate).If such concessions are obtained, they are often justified as protection of the foreign religion (especially in the case of Christians in a Muslim state) such as the ahdname or capitulations granted by the Ottoman Sultan to commercial Diasporas residing ...