A reappraisal of the extraterritorial reach of U.S. law

The rationale for the territoriality presumption has become obsolete and should be abandoned. The presumption unduly constrains the extraterritorial application of US laws. The most attractive available alternative appears to be an international law presumption. In broad outline, these principles ca...

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Bibliographic Details
Published in:Georgetown journal of international law 1992-10, Vol.24 (1), p.1
Main Author: Born, Gary B
Format: Article
Language:English
Subjects:
19th century
Constitutional law
Extraterritoriality
International
International law
Jurisdiction
Law
Legislation
Principles
State court decisions
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Summary:The rationale for the territoriality presumption has become obsolete and should be abandoned. The presumption unduly constrains the extraterritorial application of US laws. The most attractive available alternative appears to be an international law presumption. In broad outline, these principles can be treated as providing for the application of US law to conduct that - by virtue of situs, effects, nationality, regulatory implications, and conflicts with foreign laws - has its most significant relationship to the US. This presumption should not impose a strict clear statement test, but should instead permit judicial consideration of ordinary indicia of legislative intent. Although an international law presumption may be subject to significant criticisms, the reasons for adopting such an approach appear to outweigh the objections.
ISSN:1550-5200