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Tag Archive for: The “Lotus” Case (France v. Türkiye)

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

January 23, 2025/in News/by Matthias Weller

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.

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https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Matthias Weller https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Matthias Weller2025-01-23 06:00:312025-01-23 07:46:50Out now: Buxbaum, “Extraterritoriality in Comparative Perspective” (Ius Comparatum)

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