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Topic: Extraterritoriality

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	AllRefer.com - extraterritoriality (Political Science: Terms And Concepts) - Encyclopedia
		While extraterritoriality insures that a diplomat will not be prosecuted for illegal behavior, it is emphasized that he is expected to adhere to the laws of the land in which he is serving.
		Extraterritoriality was in the past often granted to aliens not occupying diplomatic positions.
		Extraterritoriality of this type was strongly resented as an infringement of sovereignty and was abolished in Japan in 1899, in Turkey in 1923, and in Egypt in 1949.
	reference.allrefer.com /encyclopedia/E/extrater.html (565 words)

	» Extraterritoriality
		While many details of the extraterritorial application of the US antitrust laws are still very much subject to debate, the basics are relatively straightforward, if one strips away a number of potentially confusing concepts.
		Thus, the stage is set for the question of extraterritorial application of the Sherman Act under Empagran, for which we need three elements: conduct, foreign harm, and domestic harm.
		The Supreme Court agreed to hear the case and, vacating the Court of Appeal’s decision, held that antitrust claims that are based entirely on “independent foreign harm” are not recognizable under the Sherman Act.
	www.antitrustreview.com /archives/category/extraterritoriality (4525 words)

	Extraterritoriality
		Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations.
		A historic case of extraterritoriality was the seizure of the railways of Nicaragua by Brown Brothers Harriman, a U.S. banking firm.
		Japan recognized extraterritoriality in the treaties concluded with the United States, the United Kingdom, France, Netherlands, and Russia in 1858, in connection with the concept of "Most Favored Nation." However, Japan succeeded in reforming her unequal status with Western countries through the Anglo-Japanese Treaty of Commerce and Navigation signed on July 16, 1894 in London.
	www.dejavu.org /cgi-bin/get.cgi?ver=93&url=http%3A%2F%2Farticles.gourt.com%2Fen%2Fextraterritoriality (590 words)

	Shih Shun Liu : Extraterritoriality (1925)
		He presents no practical solution of the as yet unsettled problems arising out of the existence of extraterritoriality, but he has sought to furnish the background of historical fact, which is the first condition to a philosophical as well as a practical approach to these problems.
		The word "extraterritoriality" is often used interchangeably with the word "exterritoriality" to denote the special status of foreign ambassadors, who enjoy the right of exemption from the local jurisdiction.
		Today, the term "extraterritoriality " is generally employed to describe the condition of law existing in certain Oriental countries, under which foreigners are exempt from the local jurisdiction and are subject to their national authorities, by virtue of well-established usage or treaty arrangement [7].
	www.panarchy.org /shihshunliu/presentation.1925.html (1443 words)

	CONSTRUCTION OF TERRITORIAL SOVEREIGNTY IN NON-WESTERN, NON-COLONIZED COUNTRIES: A STATE SOCIALIZATION MODEL (Site not responding. Last check: 2007-11-05)
		Extraterritoriality is a form of jurisdiction where home states continue to claim jurisdiction over the activities of their citizens are immune from local, host country’s jurisdiction.
		The existence of extraterritoriality, the immunity of foreigners from local jurisdiction in non-Western, non-colonized countries, expedited this movement.
		Extraterritorial privileges and the uncertain legal status of foreigners made Shanghai “the most lucrative and enduring market for American and European prostitutes” (Scully 1998 p.
	www.isanet.org /noarchive/kayaoglu.html (5866 words)

	The Increasing Burden of the U.S. Legal System for European Companies - From Sarbanes - Oxley to Extraterritorial Court ...
		The exercise of extraterritorial jurisdiction by domestic courts is an area of great practical importance to the business community in the United States as well as here in Europe, and I know that some of you in the audience have had experience with civil and commercial litigation in U.S. courts.
		Specifically, we have argued that the courts should be very hesitant to apply their federal common law powers to expand the kinds of cases that can be brought as "torts in violation of the law of nations" — that is the function of the legislature, not the courts.
		Such claims must "rest on a norm of international character accepted by the civilized world and defined with a specificity comparable to the features of the 18th-century paradigms," that were actionable at the time the statute was enacted in 1789, that is, violations of safe conducts, infringement of the rights of ambassadors, and piracy.
	www.state.gov /s/l/rls/73079.htm (3425 words)

	Extraterritoriality - Sixth World Wiki
		Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations.
		For instance, a citizen of country A may enjoy extraterritoriality while visiting country B. In that case, this person cannot legally be tried by the courts of country B for some alleged crime.
		In the Sixth World, extraterritoriality, thanks in part to the Shiawase Decision, now extends to corporate personnel, especially regarding top executives, and corporate infrastructure, granting multinational corporations defacto sovereignty.
	wiki.dumpshock.com /index.php/Extraterritoriality (199 words)

	Richard S. Horowitz \| International Law and State Transformation in China, Siam, and the Ottoman Empire during the ...
		While the debates over extraterritoriality were particularly bitter in China, where Chinese nationalists made it a central issue and foreign nationals fought hard to preserve the status quo, it was a prominent issue in other semicolonial societies as well.
		Extraterritoriality as a semicolonial institution was in important respects an adaptation of the system of capitulations in the Ottoman Empire.
		Extraterritoriality clearly contravened basic principles of European international law that asserted that states are equals in diplomatic ceremony and share fundamental rights of independence (e.g., sovereignty) and self-defense.
	www.historycooperative.org /journals/jwh/15.4/horowitz.html (14657 words)

	Extraterritoriality: Free Encyclopedia Articles at Questia.com Online Library
		Report of the Commission on Extraterritoriality in China, Peking, September 16, 1926: Being the Report to the Governments of the Commission Appointed in Pursuance to Resolution V of the Conference on the Limitation of Armaments
		...Extraterritorial jurisdiction, or simply extraterritoriality, is defined as the operation of...examines legal justifications for extraterritoriality, arguing that the subject matter...in dealing with the question of extraterritoriality, namely, the subject matter and...
		EXTRATERRITORIALITY or exterritoriality, privilege of immunity...of a foreign nation, those aliens possessing extraterritoriality are considered by customary international law...from both personal and property taxes.
	www.questia.com /library/encyclopedia/extraterritoriality.jsp (1889 words)

	Ministry of Foreign Affairs, Kingdom of Thailand : : Extraterritoriality 1815-1855
		On the contrary, the treaty stipulated that the English were to abide by the law of the land.
		The Americans did not seek extraterritorial rights and agreed to abide by the law of the land.
		Since the English and the Americans were engaged in trade with Thailand, the Thais decided in 1840 to invite the French consul in Singapore to send French traders to the country.
	www.mfa.go.th /web/118.php (601 words)

	ICC - The world business organization
		The so-called "extraterritorial" application of national laws is seriously impeding global commerce and stoking conflicts between governments.
		In its policy statement, Extraterritoriality and Business, ICC urges policymakers and courts to recognize international comity as a fundamental principle of law and to acknowledge other states' interests when enacting legislation and enforcing rules.
		To reduce the incidence of extraterritoriality conflicts in the future, ICC encourages states to harmonize national laws and mutually recognize equivalent standards.
	www.iccwbo.org /iccifgi/index.html (471 words)

	extraterritoriality - HighBeam Encyclopedia (Site not responding. Last check: 2007-11-05)
		Extraterritoriality and punitive damages: is there a workable system?
		Fourth Circuit determines that presumption against extraterritoriality does not bar application of U.S. Bankruptcy Code to avoid debtor's transfer of Bahamian realty.
		Ninth Circuit holds that applying CERCLA to Canadian company where slag dumped in Canada became deposited along banks of Columbia River within U.S. and was releasing toxic metals into its waters did not involve extraterritoriality.
	www.encyclopedia.com /doc/1E1-extrater.html (880 words)

	extraterritoriality - Search Results - MSN Encarta
		Extraterritoriality, also exterritoriality, in law, systems whereby the jurisdiction and laws of one sovereign nation extend over the territory of...
		The Qing appointed Lin Zexu in late 1838 and sent him to the city of Guangzhou the following year to put an end to the illegal trade.
		Immunity may also be based on the official status of the parties involved.
	encarta.msn.com /extraterritoriality.html (131 words)

	extraterritoriality — Infoplease.com
		extraterritoriality or exterritoriality,privilege of immunity from local law enforcement enjoyed by certain aliens.
		Extraterritoriality and punitive damages: is there a workable system?
		New drug research, the extraterritorial application of FDA regulations, and the need for international cooperation.
	www.infoplease.com /ce6/history/A0818054.html (629 words)

	British Institute of International and Comparative Law - Research - State Jurisdiction in a Global Environment: ...
		The series aims to shed a modern light on this age-old discussion about States' prerogative to regulate conduct taking place outside their territory and the constraints imposed by international law.
		Each seminar will address one specific instance of extraterritorial application and enforcement of laws, the challenges that such application/enforcement raises and the possible mechanisms that may be put in place to meet such challenges.
		The series, which follows the successful lecture series held at the Institute in the 2005-06 academic year on International Law in Domestic Courts, will consist of evening seminars led by leading academics and practitioners.
	www.biicl.org /extraterritoriality (419 words)

	IFCBA - Extraterritoriality is thwarting global commerce, ICC warns - News - News
		The so-called "extraterritorial" application of national laws is seriously impeding global commerce and stoking conflicts between governments.
		In its policy statement, Extraterritoriality and Business, ICC urges policymakers and courts to recognize international comity as a fundamental principle of law and to acknowledge other states' interests when enacting legislation and enforcing rules.
		To reduce the incidence of extraterritoriality conflicts in the future, ICC encourages states to harmonize national laws and mutually recognize equivalent standards.
	www.ifcba.org /modules/news/article.php?storyid=165 (485 words)

	Fidel Castro, "I believe in the extraterritoriality of the honor and dignity of persons"
		National Spanish laws are not extraterritorial in nature, just as the Helms-Burton Act cannot be, nor other U.S. national laws.
		The leaders of any revolutionary movement, however ethical their conduct and however just their cause, who are not to the liking of U.S. imperialism, could be brought to trial in this way, according to its whim in line with its national legislation and the arbitrariness of its judges, often venal and corrupt.
		The universal hatred aroused by Pinochet and the repugnant crimes of the Argentine military government, with its tens of thousands of tortured and disappeared persons, cannot be a justification to grant the United States and its NATO allies the extraterritoriality of their laws and judges.
	www.hartford-hwp.com /archives/27a/096.html (1260 words)

	(Cite as: 17 Nw
		Because the transaction is simply not located completely within one country, to the extent any individual country attempts to assert jurisdiction, it affects the markets of the other countries.
		To the extent that extraterritoriality causes the same disclosure and antifraud rules to apply to transactions occurring in multiple jurisdictions, the problem of flowback is alleviated.
		Current extraterritoriality doctrine extends U.S. jurisdiction to foreign securities transactions under a number of different rationales.
	www.law.berkeley.edu /faculty/guzmana/writing/dangrus.html (10561 words)

	Cold War: US Ambassador (London) to Secretary of State (extraterritoriality) [declassified 2000] \| Margaret Thatcher ...
		The Foreign Office apparently is considering a kind of “extraterritoriality hot line” between the Deputy Secretary and British Minister of State Rifkind: we believe that the idea has merit and recommend that the President or the Secretary respond favorably if the issue arises during Thatcher’s visit.
		Despite numerous obstacles, we have usually managed somehow to find pragmatic solutions to our extraterritorial disputes, but only after the exchanges have become heated and threats of retaliation are aired.
		Ultimately, we may find ourselves in the soup once again over another extraterritorial case, but an informal consultative mechanism along the lines described above, which would allow for early and frank discussion among policy officials about the political, economic and legal considerations in a particular case, might at least keep the pot from boiling over.
	www.margaretthatcher.org /archive/displaydocument.asp?docid=109410 (954 words)

	Research Interests
		I think it could be argued that through extraterritoriality there has been a recurrent pattern of establishing specifically American decentralized networks of legal and judicial authority, and state and military power, in the interests of trade.
		Extraterritoriality, the unilateral expansion of United States laws beyond national territorial boundaries, is one of the most unusual and fascinating topics in the history of American foreign relations.
		Extraterritoriality as a defining tool of policy evolved in conjunction with the United States' changing sense of its place in the world and the accompanying desire to reshape the protocols of global markets on American terms.
	facultystaff.vwc.edu /~dmargolies/research_interests.htm (1294 words)

	extraterritoriality — FactMonster.com
		extraterritoriality or exterritoriality,privilege of immunity from local law enforcement enjoyed by certain aliens.
		In China opposition to extraterritoriality was but one phase of resistance to foreign control, which included the
		legation - legation: legation: see diplomatic service; extraterritoriality.
	www.factmonster.com /ce6/history/A0818054.html (514 words)

	Virginia Law Review - Articles
		The presumption against extraterritoriality is a canon of statutory interpretation that directs courts not to apply ambiguous domestic statutes to conduct that occurred abroad.
		Since articulating the basic elements of the presumption in its 1991 Aramco decision, the Supreme Court has applied and expanded the presumption in a fragmented manner, muddling the doctrine to the point of thwarting its usefulness as a canon of statutory interpretation.
		It should direct courts to examine whether individual statutory terms and the general nature of the criminal statute are extraterritorial, presuming that Congress intends for statutory terms to apply domestically and for U.S. courts not to create foreign law.
	www.virginialawreview.org /articles.php?article=105 (359 words)

	The Principle of Extraterritoriality and the Opium Wars, 1839-60
		The Principle of Extraterritoriality and the Opium Wars, 1839-60
		he principle of "extraterritoriality" was so important to the English because of numerous incidents in which Ch'ing justice was clearly not impartial.
		Moscow had compelled Beijing to allow the Soviet Union to retain extraterritorial privileges in its sphere of influence om Chinese territory.
	www.victorianweb.org /history/empire/opiumwars/extraterritoriality.html (578 words)

	Ministry of Foreign Affairs, Kingdom of Thailand : : Extraterritoriality 1855
		The Treaty of Friendship and Commerce between Thailand and Great Britain was signed in 1855 and a supplementary agreement was concluded the following year.
		The judicial authority granted to consular courts and the fixing of duties at a minimum rate clearly imposed limitations on Thai sovereignty.
		There were no clauses in the treaty which referred to extraterritoriality, but certain special privileges were accorded to the British.
	www.mfa.go.th /web/119.php (556 words)

	Docuticker » Extraterritoriality in U.S. Patent Law
		This trend was first seen in trademark and copyright law, but recent decisions have shown the change in patent law as well.
		Indeed, the Supreme Court is set to review the extraterritorial scope of U.S. law in the case AT&T v.
		In this paper, I reject both a strict territorial and a broad, effects-based approach to the extraterritorial application of U.S. patent law.
	www.docuticker.com /?p=8643 (207 words)

	Slaw \| Archive \| Law Commission Study on Extraterritoriality (Site not responding. Last check: 2007-11-05)
		The study explores the concept of extraterritorial action and develops a nuanced view of extraterritoriality.
		It considers the various means by which extraterritorial action may be taken, and examines the policy justifications that have primarily motivated Canada to act extraterritorially in the past.
		a) All exercises of extraterritorial jurisdiction should, to the greatest extent possible, be consistent with the larger interests of inter-state comity, and apply the principles of non-intervention, accommodation, mutuality and proportionality.
	www.slaw.ca /2006/07/13/law-commission-study-on-extraterritoriality (899 words)

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