Out now: Buxbaum, “Extraterritoriality in Comparative Perspective” (Ius Comparatum)

In an increasingly interconnected world, the application of laws by States beyond their territorial borders is an everyday reality. Yet, almost a century after the (still) leading findings by the PCIJ in the Case of the S.S. “Lotus”, the details of the concept of “extraterritoriality” remain elusive, and one can easily get lost in the multitude of national practices, ranging from  “presumptions against extraterritoriality” to be found mostly in federal systems (mostly for sub-units) to “effects doctrines” and the like in certain areas of law such as e.g. (early) in Germany, (later) in the EU’s competition law and today many other jurisdictions, in particular in Asia.

Given this complexity, this latest publication of the Ius Comparatum Series on “Extraterritoriality in Comparative Perspective” edited by Hannah L. Buxbaum offers a great deal of valuable guidance and insights. Featuring the reports from the most recent IACL/AIDC General Congress in Asunción, the volume provides the reader with unique insights by renowned legal scholars into the practices of 14 national jurisdictions (inter alia China, Germany, Japan, Korea, UK, U.S.) and the the European Union (EU). As is explained in the preface to the book:

Much of the vast scholarly literature on extraterritoriality approaches the topic from the outside in, assessing the extraterritorial projection of state law from the perspective of international law and the constraints it places on state authority. The goal of this project is to approach the topic from the inside out. Considering a range of legal systems, the authors investigate the geographic scope that states claim for their own laws, and the mechanisms by which states translate and locally implement principles of international jurisdictional law.

A particularly valuable contribution is Buxbaum’s General Report. It identifies, inter alia, the following important trends: First, international law turns out as increasinlgy irrelevant as a direct constraint on the territorial reach of state law. Second, extraterritoriality to protect local interests is no longer a practice of dominant states alone, as it is more and more widespread. Thus, extraterritoriality can no longer be taken as a synonym for illegitimacy. Third, extraterritoriality more and more occurs to protect international interests or global goods, in particular in criminal law. Each of these findings is further explained and substantiated. The issue of private enforcement, an even more complex and fragmented area of “managing extraterritoriality” is dealt with (“involves the application of local procedural law which injects additional conflict into cases involving  foreign elements on matters including the extent of discovey, the availability of non-compensatory damages, and the use of representative actions, amongst others”) as well as topic of economic sanctions (“one of the most contentious forms of extraterritoriality”). Highly recommended!

Further information as well as a free sample of Part I: General Report will soon be available on the publisher’s website.

The table of contents includes the following contributions:

Part I: General Report

Extraterritoriality in Comparative Context: Defining the Scope of State Law in a Global Era

Hanna L. Buxbaum

Part II: National Reports

Australia

The Extraterritorial Application of Statutes and Regulations

Danielle Ireland-Piper

Brazil

The Extraterritorial Application of Statutes and Regulations

André de Carvalho Ramos / Mariana Sebalhos Jorge

Canada

A Canadian Perspective

John C. Kleefeld

Québec

L’application Extraterritoriale des Lois et Règlements

Frédérique Sabourin

People’s Republic of China

Extraterritoriality in China

Shiping Liao

Germany

Extraterritoriality in Germany

Sören Segger-Piening

Italy

The Extraterritorial Application of Statutes and Regulations

Alessandra Zanobetti

Japan

The Extraterritorial Application of Statutes and Regulations

Hisashi Harata

South Korea

The Extraterritorial Application of Korean Laws

Gyooho Lee

The Netherlands

The Extraterritorial Application of Dutch Statutes and Regulations

Lucas Roorda / Cedric Ryngaert / Timo Zandstra

Romania

The Extraterritorial Application of Statutes and Regulations

Sergiu Popovici

Taiwan

The Legislative Practice of Extraterritoriality in Statutes and Regulations of Taiwan

Rong-Chwan Chen

United Kingdom (UK)

The Extraterritoriality of Statutes and Regulations

Matteo Angelini

United States (USA)

The Extraterritorial Application of Statutes and Regulations

Franklin A. Gevurtz

Vietnam

L’Application Extraterritoriale des Lois et Règlements

Quoc Chien Ngo / Duc Vinh Nguyen

Part III: Special Report

European Union

The Extraterritorial Application of Statutes and Regulations

Lena Hornkohl

Part IV: Appendix

Questionnaire