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Chapter 5: Extraterritorial Jurisdiction

Chapter 5: Extraterritorial Jurisdiction

pp. 261-302

Authors

, University of Wisconsin, Oshkosh,
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Extract

How far can a state extend its jurisdiction beyond its borders? In this chapter we make the distinction between state sovereignty and jurisdiction and then outline the five principles of extraterritorial jurisdiction. By providing examples for each jurisdictional principle, the differences between them are sharpened and the ways in which they may overlap are clarified. An interesting area for extraterritorial jurisdiction is the Internet; a brief examination of the European Union’s General Data Privacy Regulation serves to highlight the complexities. The chapter concludes with two practices states can use to attempt to pull alleged criminals who are in another state back into their own jurisdiction for prosecution.  Extradition is a legal process agreed to by states. Rendition, though also used by some states, is not and runs afoul of human rights.

Keywords

  • territorial jurisdiction
  • nationality principle
  • passive personality
  • protective principle
  • universality principle
  • internet jurisdiction
  • extradition
  • rendition

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