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Max Planck Encyclopedia of Public International Law [MPEPIL]

Extraterritoriality

Menno T Kamminga

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 15 May 2021

Subject(s):
Gross violations — Comity — Jurisdiction of states, extra-territorial

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 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...
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