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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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 ...
13
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2answers
891 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 ...
5
votes
2answers
193 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 ...
4
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3answers
179 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 ...
3
votes
1answer
301 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 ...
3
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2answers
264 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 ...
2
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2answers
42 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 ...
2
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1answer
39 views

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 ...
2
votes
1answer
148 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 ...
1
vote
1answer
116 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 ...
0
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1answer
108 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 ...
0
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1answer
47 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 ...
0
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2answers
99 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 ...
0
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1answer
78 views

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 ...
0
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1answer
61 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 ...
0
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0answers
34 views

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 ...