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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 ]
Extraterritoriality, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present.
American thought about extraterritoriality has changed over the years, however. For example, the Alien Tort Statute of 1789 allows foreign citizens in the United States to bring cases before federal courts against foreign defendants for violations of the "law of nations" in foreign countries.
Extraterritoriality is the exemption of a person or entity from the application or jurisdiction of local law or tribunals. Learn more about its history, examples, and legal implications from Merriam-Webster dictionary.
This article traces the evolution and current state of the presumption against extraterritoriality, a canon of statutory interpretation that guides the application of federal law to foreign situations. It argues that the presumption has changed over time and that changing canons are a form of dynamic interpretation.
A comprehensive and interdisciplinary overview of the concept and practice of extraterritoriality in global governance, edited by Austen Parrish and Cedric Ryngaert. The handbook covers various topics, such as international jurisdiction, regional perspectives, and extraterritorial rights and obligations.
Extraterritoriality is a regime of protections, immunities, and exemptions for citizens of one nation living abroad from the legal system and territorial jurisdiction of the state in which they are resident. Learn about the origins, principles, and practice of extraterritoriality in history and international law.
Learn how extraterritoriality, the legal system of exempting foreigners from local law, developed from antiquity to the twentieth century. Explore the origins, practice, and challenges of extraterritoriality in the Middle East, Asia, and the Pacific.
The blog post critiques the use of the term 'extraterritoriality' in the context of business and human rights, arguing that it is imprecise, confusing and reinforces the sovereign boundaries of states. It suggests alternative terms and approaches to describe the nature and scope of cross-border harms and state obligations.
This book situates questions of legal extraterritoriality in a set of broader accounts of state-building, imperialist rivalry, and capitalist expansion, tracking its multiple uses and meanings – and the complex jurisdictional disputes with which it has always been affiliated – in different contexts. 2 For an earlier theoretical exposition ...