Questions tagged [extraterritorial-jurisdiction]
Extraterritorial jurisdiction is when the laws of a particular nation are applied outside that nation's territory.
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Could a country be formed in Antarctica if the new country didn't sign the Antarctic act?
If somebody left their country with a few hundred or even thousand others, took supplies and all materials needed to start there, could somebody form a country in Antarctica?
The first answer is ...
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3answers
5k views
Why can the UK's Competition and Markets Authority tell Facebook to sell Giphy?
The UK's Competition and Markets Authority (CMA) tells Facebook owner to sell GIF library Giphy.
But since Facebook (now Meta) is an American company, what authority does the UK have to tell Facebook ...
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98 views
Does Germany excercise extraterritorial jurisdiction over its citizens?
Let me describe you a hypothetical that motivates the subject question; a German citizen has been sent on an official government business overseas (let's say an ambassador outside of the EU). On this ...
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1answer
114 views
Why does the US not exercise universal jurisdiction in cases of human rights violations?
In the recent supreme court case Nestlé USA Inc. v. Doe, the court ruled that Nestlé USA could not be sued for actions it took overseas--specifically, it could not be held liable for knowingly aiding ...
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If a crime applies extraterritorially under the Special Maritime and Territorial Jurisdiction, can it be applied when committed in a foreign country?
I’ve been finding this confusing. If Bob, a US citizen, commits a crime in country A, which is illegal extraterritorially under the Special Maritime & Territorial Jurisdiction, does this mean he ...
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1answer
187 views
Can Bob be convicted by the US for viewing fictional child pornography hosted by a US site while viewing it in a non-US country?
The wording on the relevant legal literature confuses me. According to 18 US Code 2252:
Any person who..
(2) knowingly receives, or distributes, any visual depiction using any means or facility of ...
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2answers
43 views
Could a third party be forced to hand over data if it is headquartered outside the US?
In the run-up to Epic v. Apple, Apple as the defendant has requested information via court from several companies that while not involved directly in the lawsuit, could be relevant for making Apple's ...
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52 views
Circuit court misquotes supreme court: what precedent does district court follow?
In United States v. Bowman (1922), the Supreme Court ruled that the presumption against the extraterritorial application of a statute does not apply to statutes that are "not logically dependent ...
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Claiming *forum non conveniens* after extended "shadow litigation"
Can someone claim that a particular forum is inconvenient after challenging service through a proxy (the recipient), thus essentially "shadow litigating" intensively for an extended period ...
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2answers
202 views
Does EU/US copyright law follow its citizens wherever they go?
Abby lives in the European Union or United States.
Abby visits Ben in Country X, which has no copyright laws. Ben has a copy of a movie that is protected under the copyright laws of Abby's home ...
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111 views
Can the law of a country be applied over a resident of another country? [duplicate]
Let's say for example that I am the resident of country X. I'm a hacker and I decided to hack into bank accounts of people from Saudi Arabia. However, Saudi Arabia has a law which prohibits hacking ...
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124 views
Original work or derivative work if published posthumously and never previously registered?
I'm trying to determine how a literary work should be registered -- as a derivative work with two authors, or as a derivative work with me as claimant and author? Or neither? Details:
My mother wrote ...
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To what extent can a country criminalize acts outside its territory?
Indonesia prohibits pornography.
If someone creates porn in Indonesia, that's illegal.
What about if an Indonesian citizen creates porn somewhere else?
What about if a non-Indonesian is a porn star ...
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5answers
11k views
What happens if you break a law in another country outside of that country?
Let's say I wanted to deliver a book that is banned in Bob's country. This book is not banned in my country. I understand that if I go to his country to deliver it, I may get arrested, because I'm ...
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2answers
283 views
How long an arm does the U.S. have against foreign "violators" of U.S. law outside the U.S.?
Suppose there is a foreign manufacturer who observes say, anti-pollution laws in his home country, but engages in practices that would be clearly illegal under U.S. environmental laws. Suppose the ...
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3answers
187 views
Is the illegality of an action constrained to a country?
John is a citizen of country X. Doing action A is illegal in his country.
He travels to country Y where action A is legal (officially legal, that is codified as being legal, not merely tolerated) and ...
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1answer
312 views
Breaking Laws in Different Jurisdictions
I am a citizen of the United States of America. As such, it is illegal for me to--to take an extreme example--murder. However, say I am going on vacation to a little nation where it is not illegal to ...
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908 views
What is it called when a country's laws apply to its citizens outside the country?
Suppose that a European country X (e.g. Germany) has a law against adults sleeping with people under the age of 16. Such a law, in this instance, would apply to anyone in German territory.
But ...