Extraterritoriality
75 Articles

Jurisdiction, Territorial Sovereignty, and the Fourteenth Amendment
A long line of authority holds that persons or things within a country’s territorial borders are subject to its jurisdiction.

More Territory, More Problems: Can Trump Seize Greenland?
An essay on the lessons for the Trump administration of territorial acquisition from the McKinley era and the dangers it would pose today.

Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.

Changes to UK Surveillance Regime May Violate International Law
Proposed changes to UK domestic surveillance laws raise significant human rights concerns.

Prosecuting Ecocide: The Norms-Adoption/Enforcement Paradox
Might the prospects of meaningful norms enforcement of ecocide at the International Criminal Court level be disproportionate to the investments needed – and challenges associated…

2nd Time’s the Charm: France’s Cour de Cassation Broadens Universal Jurisdiction Law
"With its liberal interpretation of French law, the Cour de cassation narrowly saved the doctrine of universal jurisdiction in France, particularly for crimes in Syria."

Transnational Repression Increasingly Reaches Into the United States
In countering transnational repression, "[c]ivil litigation provides a pathway for holding ... authoritarian regimes directly accountable, not just their hired guns, if significant…

Mexico Appeals in Case Against Gun Manufacturers
"Mexico’s litigation is part of wider efforts to hold irresponsible members of the U.S. gun industry accountable for transborder damage caused with their products on its territory."

Mind the Gap: The UK is About to Set Problematic Precedents on Content Regulation
Potentially positive elements of the UK's Online Safety Bill "are overshadowed and at risk of being negated by some of the more politically-motivated, hyperbolic aspects. The House…

Why We Need the Alien Tort Statute Clarification Act Now
"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."

Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute
Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.

Foreign Policy and Legal Implications of the Belarus Aircraft Piracy Indictment
What SDNY's speaking indictment of Belarusan officials with conspiracy to commit aircraft piracy for allegedly engineering the diversion of a Ryanair flight in order to arrest…