Extraterritorial jurisdiction
Encyclopedia
Extraterritorial jurisdiction (ETJ) is the legal ability of a government
to exercise authority
beyond its normal boundaries.
Any authority can, of course, claim ETJ over any external territory they wish. But for the claim to be effective in the external territory (except by the exercise of force) it must be agreed either with the legal authority in the external territory, or with a legal authority which covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called something like "claimed ETJ".
has Status of Forces Agreement
s with many nations which give the United States jurisdiction over members of its military.
Many countries have implemented laws which allow their nationals to be prosecuted by their courts for crimes such as war crimes and genocide
even when the crime is committed extraterritorially. For example the United Kingdom
has incorporated the International Criminal Court Act
into domestic law. It is not retroactive so it applies only to events after May 2001 and war crime charges can be filed only against British nationals and residents. According to Peter Carter QC
, chairman of the Bar's human rights committee "It means that British mercenaries who support regimes that commit war crimes can expect prosecution".
Prevent Genocide International, "a global education and action network established in 1998" claims that crimes such as genocide need to have extraterritorial jurisdiction so that people that commit such crimes can not find protection in a country that does not have such a law:
, many states
have law
s or even constitution
s which permit cities
to make certain decisions about the land beyond the town's incorporated limits. Alaska
, Arkansas
, North Carolina
, and Texas
are all examples of states which allow cities to claim ETJ over zoning
laws, which is the most common use of ETJ. In California
, ETJ is referred to as a city's "Sphere of Influence". Some examples include Los Angeles
which has a sphere of influence over the unincorporated islands of census designated places in and around its boundaries, and Palmdale
which has a large sphere of influence on its unincorporated suburbs as well as the cities within its U.S. government designated Foreign Trade Zone
. Some states require that ETJ be established over an area for an extended time period (usually one year) before it can be subject to annexation
. Most set the ETJ distance based upon a city's population
.
In Australia
, extraterritorial jurisdiction of the various state and territory governments and government bodies is accommodated by the Australia Act 1986
, although this is only one of many purposes of the Act.
. It dates back to famous United States v. Alcoa
judgement, where the effects doctrine was introduced. The effects doctrine allows for jurisdiction over the foreign offenders and foreign conduct, so long as the economic effects of the anticompetitive conduct are experienced on the domestic market. The effects doctrine has been gradually developed in the US and then in various forms accepted in other jurisdictions. In the EU it is known as the implementation test.
Extraterritorial jurisdiction in the area of antitrust
faces various limitations, such as problem of accessing foreign-based evidence or difficulties of challenged anticompetitive conduct with foreign state involvement.
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
to exercise authority
Authority
The word Authority is derived mainly from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command. In English, the word 'authority' can be used to mean power given by the state or by academic knowledge of an area .-Authority in Philosophy:In...
beyond its normal boundaries.
Any authority can, of course, claim ETJ over any external territory they wish. But for the claim to be effective in the external territory (except by the exercise of force) it must be agreed either with the legal authority in the external territory, or with a legal authority which covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called something like "claimed ETJ".
International law
Extraterritorial jurisdiction can apply internationally. For example, the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
has Status of Forces Agreement
Status of Forces Agreement
A status of forces agreement is an agreement between a host country and a foreign nation stationing forces in that country. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement...
s with many nations which give the United States jurisdiction over members of its military.
Many countries have implemented laws which allow their nationals to be prosecuted by their courts for crimes such as war crimes and genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
even when the crime is committed extraterritorially. For example the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
has incorporated the International Criminal Court Act
International Criminal Court Act 2001
The International Criminal Court Act is an Act of the Parliament of the United Kingdom. The Act implements into the law of England, Wales and Northern Ireland the Rome Statute of the International Criminal Court.The principal aims of the Act are:...
into domestic law. It is not retroactive so it applies only to events after May 2001 and war crime charges can be filed only against British nationals and residents. According to Peter Carter QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, chairman of the Bar's human rights committee "It means that British mercenaries who support regimes that commit war crimes can expect prosecution".
Prevent Genocide International, "a global education and action network established in 1998" claims that crimes such as genocide need to have extraterritorial jurisdiction so that people that commit such crimes can not find protection in a country that does not have such a law:
Municipal law
In the U.S.United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, many states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
have law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s or even constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s which permit cities
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
to make certain decisions about the land beyond the town's incorporated limits. Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, North Carolina
North Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
are all examples of states which allow cities to claim ETJ over zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
laws, which is the most common use of ETJ. In California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, ETJ is referred to as a city's "Sphere of Influence". Some examples include Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
which has a sphere of influence over the unincorporated islands of census designated places in and around its boundaries, and Palmdale
Palmdale, California
Palmdale is a city located in the center of northern Los Angeles County, California, United States.Palmdale was the first community within the Antelope Valley to incorporate as a city on August 24, 1962; 47 years later, voters approved creating a charter city in November, 2009. Palmdale is...
which has a large sphere of influence on its unincorporated suburbs as well as the cities within its U.S. government designated Foreign Trade Zone
Foreign trade zone
A foreign-trade zone in the United States is a geographical area, in United States Ports of Entry Ports of Entry, where commercial merchandise, both domestic and foreign receives the same Customs treatment it would if it were outside the commerce of the United States...
. Some states require that ETJ be established over an area for an extended time period (usually one year) before it can be subject to annexation
Annexation
Annexation is the de jure incorporation of some territory into another geo-political entity . Usually, it is implied that the territory and population being annexed is the smaller, more peripheral, and weaker of the two merging entities, barring physical size...
. Most set the ETJ distance based upon a city's population
Population
A population is all the organisms that both belong to the same group or species and live in the same geographical area. The area that is used to define a sexual population is such that inter-breeding is possible between any pair within the area and more probable than cross-breeding with individuals...
.
In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, extraterritorial jurisdiction of the various state and territory governments and government bodies is accommodated by the Australia Act 1986
Australia Act 1986
The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...
, although this is only one of many purposes of the Act.
Competition law
Extraterritorial jurisdiction plays a significant role in regulation of transnational anti-competitive practicesAnti-competitive practices
Anti-competitive practices are business or government practices that prevent or reduce competition in a market .- Anti-competitive practices :These can include:...
. It dates back to famous United States v. Alcoa
United States v. Alcoa
United States v. Alcoa, 148 F.2d 416 , is a landmark decision concerning United States antitrust law. Judge Learned Hand's opinion is notable for its discussion of determining the relevant market for market share analysis and—more importantly—its discussion of the circumstances under...
judgement, where the effects doctrine was introduced. The effects doctrine allows for jurisdiction over the foreign offenders and foreign conduct, so long as the economic effects of the anticompetitive conduct are experienced on the domestic market. The effects doctrine has been gradually developed in the US and then in various forms accepted in other jurisdictions. In the EU it is known as the implementation test.
Extraterritorial jurisdiction in the area of antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
faces various limitations, such as problem of accessing foreign-based evidence or difficulties of challenged anticompetitive conduct with foreign state involvement.
External links
- Extra-territorial jurisdiction of ECHR states, factsheet of ECtHR case law