Extraterritoriality
- The Source
- 3 days ago
- 1 min read
"The terms ‘extraterritoriality’ and ‘extraterritorial jurisdiction’ refer to the competence of a State to make, apply and enforce rules of conduct in respect of persons, property or events beyond its territory. Such competence may be exercised by way of prescription, adjudication or enforcement. Prescriptive jurisdiction refers to a State’s authority to lay down legal norms.
Adjudicative jurisdiction refers to a State’s authority to decide competing claims. Enforcement jurisdiction refers to a State’s authority to ensure compliance with its laws. As will be seen below, these distinctions are important because some methods of exercising extraterritorial jurisdiction of States are more likely to conflict with the competence of other States and therefore more likely to raise questions as to their compatibility with international law."
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