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Topic: Extraterritorial jurisdiction

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	Universal jurisdiction -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-19)
		According to the proponents of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole, that any state ought to be able to prosecute an individual responsible for it; no place should be a safe haven for war criminals and human rights violators.
		Jurisdiction is most commonly exercised by a state in relation to crimes committed on its territory (territorial jurisdiction).
		States can also exercise jurisdiction on crimes committed by their nationals abroad (extraterritorial jurisdiction), even if the act the national committed was not illegal under the law of the territory in which an act has been committed.
	www.absoluteastronomy.com /encyclopedia/u/un/universal_jurisdiction.htm (1007 words)

	School of Government
		City of Asheville,[14] the application of the city’s zoning ordinance to an extraterritorial area was held to be invalid in part because of an inadequate description of the extraterritorial area.
		The number of extraterritorial members must be proportional to the population of the extraterritorial area relative to the internal city population.
		The notice must specify the effect of extension of city jurisdiction, advise the owners of the hearing on the proposal and their right to participate in the hearing, and advise owners of their right to seek appointment as extraterritorial members of the city’s planning board and board of adjustment.
	ncinfo.iog.unc.edu /organizations/planning/keyissues/extra.htm (2499 words)

	9-462.07 - Extraterritorial jurisdiction (Site not responding. Last check: 2007-10-19)
		B. The extraterritorial jurisdiction of two or more municipalities whose boundaries are less than six miles apart terminates at a boundary line equidistant from the respective corporate limits of such municipalities, or at such line as is agreed to by the legislative bodies of the respective municipalities.
		C. As a prerequisite to the exercise of extraterritorial jurisdiction the membership of the planning agency charged with the preparation or administration of proposed comprehensive zoning regulations for the area of extraterritorial jurisdiction shall be increased to include two additional members to represent the unincorporated area.
		Any such member shall be a resident of the area of extraterritorial jurisdiction outside the corporate limits and shall be appointed by the legislative body of the county wherein the unincorporated area is situated.
	www.azleg.state.az.us /ars/9/00462-07.htm (335 words)

	9-461.11 - Extraterritorial jurisdiction; development plans
		B. The extraterritorial jurisdiction of two or more municipalities whose territorial boundaries are less than six miles apart terminates at a boundary line equidistant from the respective corporate limits of such municipalities, or at such line as is agreed to by the legislative bodies of the respective municipalities.
		C. As a prerequisite to the exercise of extraterritorial jurisdiction, the membership of the planning agency charged with the preparation or administration of proposed comprehensive planning for the area of extraterritorial jurisdiction shall be increased to include at least two additional members to represent the unincorporated area.
		Any additional member shall be a resident of the extraterritorial jurisdiction area outside the corporate limits and shall be appointed by the board of supervisors of the county wherein the unincorporated area is situated.
	www.azleg.state.az.us /ars/9/00461-11.htm (857 words)

	Extraterritorial jurisdiction - Encyclopedia, History, Geography and Biography
		Extraterritorial jurisdiction or ETJ is the legal ability of a government to exercise authority beyond its normal boundaries.
		In the U.S., many states have laws or even constitutions which permit cities to make certain decisions about the land beyond the town's incorporated limits.
		For example, the United States has Status of Forces Agreements with many nations which give the United States jurisdiction over members of its military.
	www.arikah.net /encyclopedia/Extraterritorial_jurisdiction (246 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The extraterritorial jurisdiction of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality and that is located:
		The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except in cases of judicial apportionment of overlapping extraterritorial jurisdictions under Section 42.901.
		The inclusion of an area in the extraterritorial jurisdiction of a municipality does not by itself authorize the municipality to impose a tax in the area.
	caselaw.lp.findlaw.com /txcodes/lg004200.html (4435 words)

	Universal Jurisdiction: The duty of states to enact and enforce legislation: Chapter 1: Definitions - Amnesty ... (Site not responding. Last check: 2007-10-19)
		Universal jurisdiction is the ability of the court of any state to try persons for crimes committed outside its territory which are not linked to the state by the nationality of the suspect or the victims or by harm to the state's own national interests.(43) Sometimes this rule is called permissive universal jurisdiction.
		On the basis of such jurisdiction, a prosecutor or an investigating judge may commence an investigation when the exact whereabouts of a suspect are unknown, thus permitting the gathering of evidence, such as statements of victims and witnesses, while such evidence is fresh.
		Sometimes, advocates of the concept of an independent representational jurisdiction contend that the failure of the territorial state to request extradition should be seen as a waiver of jurisdiction equivalent to a delegation of the territorial state's own jurisdiction to the forum state.
	web.amnesty.org /library/index/engior530032001?OpenDocument (7272 words)

	Dwyer & Collora, LLP (Site not responding. Last check: 2007-10-19)
		Jurisdiction – the power of a court over a defendant or a claim – traditionally has been defined by geographic boundaries, and yet a quick scan of today’s headlines reveals that cyberspace knows no borders.
		General jurisdiction subjects a defendant to the authority of the court regardless of whether the subject matter of the dispute has any connection to the forum state.
		To ensure that there is some nexus between the ascertaining of such jurisdiction and the offense, however, extraterritorial jurisdiction exists only if the offender is a United States citizen or permanent resident alien, an organization substantially owned or controlled by United States citizens or permanent resident aliens, or is incorporated in the United States.
	www.dwyercollora.com /article.cfm?cmf_id=392 (4762 words)

	House Bill 362-First Edition
		(b) Any council wishing to exercise extraterritorial jurisdiction under this Article shall adopt, and may amend from time to time, an ordinance specifying the areas to be included based upon existing or projected urban development and areas of critical concern to the city, as evidenced by officially adopted plans for its development.
		A council may, in its discretion, exclude from its extraterritorial jurisdiction areas lying in another county, areas separated from the city by barriers to urban growth, or areas whose projected development will have minimal impact on the city.
		(c) Where the extraterritorial jurisdiction of two or more cities overlaps, the jurisdictional boundary between them shall be a line connecting the midway points of the overlapping area unless the city councils agree to another boundary line within the overlapping area based upon existing or projected patterns of development.
	www.ncga.state.nc.us /Sessions/2005/Bills/House/HTML/H362v1.html (1240 words)

	EXTRATERRITORIAL JURISDICTION AND SOVEREIGN IMMUNITY ON TRIAL:NORIEGA, PINOCHET, AND MILOSEVIC-TRENDS IN POLITICAL ...
		In addition to possessing the power to reach the conduct in question under customary international law, a court seeking to exercise extraterritorial jurisdiction also must determine whether the crimes under which the defendant is charged are intended to have extraterritorial effect.
		132 Secondly, the court found that jurisdiction was justified under the protective principle,133 which permits the exercise of jurisdiction over acts that threaten the existence of the state and have potentially deleterious effects in that state.
		Toscanino,199 the court held that due process required that the Ker-Frisbie doctrine must yield and the court must divest itself of jurisdiction where a defendant is brought before the court as the result of the government’s deliberate and unreasonable invasion of the accused’s constitutional rights.
	www.bc.edu /bc_org/avp/law/lwsch/journals/bciclr/25_1/05_TXT.htm (7718 words)

	State v. Penuel & Baggett, 133 NC App 47 (98-636) 04/20/1999
		The provisions of this article are adopted by the county board of commissioners under authority granted by the General Assembly of the State of North Carolina, in Chapter 153A, (45-50) and further Article VI of Chapter 153A, Section 135 of the General Statutes.
		Accordingly, I disagree with the majority's reasoning that the ordinance is vague in its use of the term "jurisdiction" and that defendants might lack notice of the applicability of this ordinance to their business.
		When the ordinance refers to jurisdiction "as herein stated," and no mention ever is made to planning or zoning statutes, or any statutes other than police power statutes, "jurisdiction" can mean only jurisdiction under the County's police powers.
	www.aoc.state.nc.us /www/public/coa/opinions/1999/980636-1.htm (1486 words)

	LOCAL GOVERNMENT CODE - CHAPTER 242 (Site not responding. Last check: 2007-10-19)
		For an area in a municipality's extraterritorial jurisdiction, as defined by Section 212.001, a plat may not be filed with the county clerk without the approval of both the municipality and the county.
		If a certified agreement between a county and a municipality with an extraterritorial jurisdiction that extends 3.5 miles or more from the corporate boundaries of the municipality is not in effect on or before January 1, 2004, the parties must arbitrate the disputed issues.
		If a certified agreement between a county and a municipality with an extraterritorial jurisdiction that extends less than 3.5 miles from the corporate boundaries of the municipality is not in effect on or before January 1, 2006, the parties must arbitrate the disputed issues.
	www.capitol.state.tx.us /statutes/docs/LG/content/htm/lg.007.00.000242.00.htm (1231 words)

	Military Extraterritorial Jurisdiction Act of 1999 (Site not responding. Last check: 2007-10-19)
		This Overseas Jurisdiction Advisory Committee was comprised of attorneys from the military departments, the Departments of Defense and Justice, and an attorney from the State Department.
		This legislation, H.R. 3380, the Military Extraterritorial Jurisdictional Act of 1999, is consistent with the recommendation found in the Advisory Committee's report regarding title 18 jurisdiction, and effectively closes the jurisdictional gap for serious criminal misconduct committed outside the United States by persons employed by or accompanying the Armed Forces.
		Extraterritorial jurisdiction over crimes is not a novel concept under Federal law, although it is the growing trend and it is one that Congress has frequently legislated without, at any time in our Nation's history, enacting an accompanying set of procedures.
	commdocs.house.gov /committees/judiciary/hju64399.000/hju64399_0.htm (15806 words)

	Widening the US Embargo Against Cuba Extraterritorially. A few public international law comments on the `Cuban Liberty ... (Site not responding. Last check: 2007-10-19)
		Suffice it to say that there appears to be a growing consensus that any assertion of extraterritorial jurisdiction requires a sufficiently `close connection' between the State exercising jurisdiction and the facts or persons affected.
		One of the generally recognized `links' for the exercise of extraterritorial jurisdiction, the effects doctrine, also called `objective territoriality principle', seems to be particularly well suited to justify the recent US legislation.
		Although universal jurisdiction is generally referred to as an example of adjudicative or enforcement jurisdiction, it also presupposes that the courts trying persons who have committed acts abroad apply their own law extraterritorially.
	www.ejil.org /journal/Vol7/No4/art6-03.html (1408 words)

	Elcomsoft Motion to Dismiss for Lack of Jurisdiction in US v. Elcomsoft et al. (Jan. 14, 2002)
		Whether jurisdiction over the actions of persons operating exclusively on the Internet can be asserted is, like all questions regarding the application of extraterritorial jurisdiction, a matter of law and policy.
		Application of section 1201 extraterritorially is also improper because its application in that manner would violate the norms of due process, including: (1) the rule of lenity; (2) the right of fair warning; and (3) the requirement of a sufficient nexus between the alleged conduct and the United States.
		In this case, the territorial principle does not justify the application of section 1201 of the DMCA extraterritorially because the "place" where the alleged offenses were committed is outside of the United States.
	www.eff.org /IP/DMCA/US_v_Elcomsoft/20020114_elcom_dismiss_juris_motion.html (5642 words)

	City of Austin - General Information & Development Assistance
		Zoning districts are established to promote compatible patterns of land use within the zoning jurisdiction of the City and to establish site development regulations and performance standards appropriate to the purposes of each district and their respective uses.
		Territory within the boundaries of the city's extraterritorial jurisdiction are established by state law, by ordinance, or the resolution of Council approving an agreement with another municipality that allocates extraterritorial jurisdiction between the City and another municipality.
		December 14, 1972: An amendment to the subdivision ordinance removing the exclusion for platting a tract three acres or larger.
	www.ci.austin.tx.us /development/geninfo2.htm (2397 words)

	Transnational Crimes Blog: Extraterritorial Jurisdiction—Wesam Delaema
		The punishment for a murder “within the special maritime and territorial jurisdiction of the United States” is death or imprisonment for life for a first degree murder, or imprisonment for any term of years or life in the case of a second degree murder.
		Iraq, unless it was a place outside the jurisdiction of any nation in 2003, is not covered by this definition.
		However, there are several principles of international law under which exercising extraterritorial jurisdiction may be appropriate.
	www.transnationalcrimesblog.com /2005/09/extraterritorial-jurisdictionwesam.html (1039 words)

	The Subpoena Power: Pennoyer's Last Vestige: Introduction
		Concerns that extraterritorial subpoenas might not be enforceable are unfounded, given the efficacy of the contempt process and other remedies against recalcitrant witnesses.
		To assess whether the test for determining the constitutionality of an assertion of personal jurisdiction could be modified to gauge the validity of an assertion of extraterritorial subpoena power, Part IV compares the kinds of burdens nonresident witnesses face with those nonresident defendants bear.
		For purposes of this Article, the word "extraterritorial" means beyond the boundaries of the state in which a state court sits, or beyond the boundaries of the judicial district in which a federal district court sits.
	www.law.pitt.edu /wasserman/law6a.htm (1439 words)

	USCA1 Opinion 04-2733
		He conceded that American courts had no extraterritorial jurisdiction to enjoin sales that occurred in Japan, but argued that there was jurisdiction for his damages claim against those sales.
		The goal of the jurisdictional test is to ensure that the United States has a sufficient interest in the litigation, as measured by the interests protected by the Lanham Act, to assert jurisdiction.
		In such a case, if a court had jurisdiction to enjoin sales of goods within the United States, it might have jurisdiction to enjoin the website as well, or at least those parts of the website that are necessary to allow the sales to occur.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=04-2733.01A (7636 words)

	SSRN-Extraterritorial Criminal Jurisdiction: Replacing 'Objective Territoriality' with 'Defensive Territoriality' by ...
		The "objective territorial principle" is a common jurisdiction base used in the United States for the prosecution of extraterritorial crimes.
		Although "objective territoriality" expands the limits of extraterritorial jurisdiction, it sometimes fails to offer jurisdiction for conduct directly targeting the United States government.
		Bowman, it is important to provide extraterritorial jurisdiction when necessary to protect government processes of the United States.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=365520 (267 words)

	[No title] (Site not responding. Last check: 2007-10-19)
		Specifically, you ask whether a home-rule municipality may measure its extraterritorial jurisdiction by drawing a radius around the municipality on a map, or whether the municipality must "go into the field,.
		Because you refer particularly to a home-rule municipality with an extraterritorial jurisdiction of five miles, we assume you are referring to a municipality with 100,000 or more inhabitants.
		S U M M A R Y A municipality may choose the method by which it will ascertain the boundaries of its extraterritorial jurisdiction, determined in compliance with section 42.021 of the Local Government Code.
	www.oag.state.tx.us /opinions/lo48morales/lo94-033.txt (265 words)

	77(R) HB 2017 Engrossed version - Bill Text (Site not responding. Last check: 2007-10-19)
		1-14 (b) This section does not apply to an area of the 1-15 municipality's extraterritorial jurisdiction if the voters of the 1-16 area were permitted to vote in the three elections for members of 1-17 the governing body of the municipality that immediately preceded 1-18 the date an election under Subsection (c) would be held.
		2-4 (d) The adoption of or change to an ordinance or charter may 2-5 not apply in the extraterritorial jurisdiction of a municipality 2-6 unless a majority of the votes received in the extraterritorial 2-7 jurisdiction at an election under Subsection (c) favor the adoption 2-8 of or change to the charter or ordinance.
		(a) This section applies only to 2-11 an area that is located in a municipality's extraterritorial 2-12 jurisdiction and is located in a county other than a county in 2-13 which 80 percent or more of the population of the municipality 2-14 resides.
	www.capitol.state.tx.us /tlo/77R/billtext/HB02017E.HTM (409 words)

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