Dan E Stigall (US Department of Justice, Office of International Affairs),
International Law and Limitations on the Exercise of Extraterritorial Jurisdiction in US Domestic Law
Abstract:
With
the dramatic rise in the frequency and scope of transnational criminal activity
and the modern phenomenon of globalization, the interrelationship between
international law and U.S. domestic law has come into sharper focus. From issues
relating to international terrorism to more banal matters with distinct
international dimensions, national courts in the modern era find themselves
deciding cases with significant international elements and which have the
potential to impact relations between sovereigns on the international plane. One
area which is implicated across a broad range of legal topics and which has a
natural propensity to affect international relations is the assertion of
extraterritorial jurisdiction. This is due to the inherently conflict-generative
nature of extraterritoriality.