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49 votes
Accepted

Why can the UK's Competition and Markets Authority tell Facebook to sell Giphy?

My understanding is such: It doesn't matter where the company is incorporated (e.g. incorporated in the US = "American company"). It matters where the company does business. Companies must ...
sharur's user avatar
  • 8,801
21 votes
Accepted

What happens if you break a law in another country outside of that country?

As a general rule, most countries have what's called Bi-Lateral extradition treaties, which means that Country A (Cedricstan) will only extradite to Country B (Bobtopia) for crimes that were committed ...
hszmv's user avatar
  • 23k
10 votes

Does EU/US copyright law follow its citizens wherever they go?

Eritrea, Turkmenistan and San Marino are the three countries without copyright laws. A handful of other countries are not party to any copyright treaties, such as Iran, Iraq and the Marshall Islands. ...
user6726's user avatar
  • 215k
9 votes

Why can the UK's Competition and Markets Authority tell Facebook to sell Giphy?

But since Facebook (now Meta) is an American company, what authority does the UK have to tell Facebook to sell Giphy? The only authority the CMA needs is UK law. Every country is free to pass any law ...
Jörg W Mittag's user avatar
8 votes

When does US state law apply on the high seas?

California courts have held that state's labor law applicable to mariners on a vessel based in California, and mostly working in local waters, even when the ship's voyage took it into federal or ...
Katie TR's user avatar
7 votes

Why can the UK's Competition and Markets Authority tell Facebook to sell Giphy?

There are two issues for any international business: What jurisdictions govern its operations? To what extent can those laws be enforced? Like many businesses, Facebook has a European subsidiary (...
Stilez's user avatar
  • 3,189
6 votes

Does Spain have extraterritorial jurisdiction?

Spain is a signatory of the Rome Statute, and thus also accepts universal jurisdiction for certain very serious crimes. These include war crimes, crimes against humanity, human traficking and other ...
PMF's user avatar
  • 5,882
5 votes
Accepted

Why does the US not exercise universal jurisdiction in cases of human rights violations?

From what I can gather, a US citizen could literally commit first-degree murder in another country, and not be held liable in US courts. Yes. From looking at the decision in Kiobel v. Royal Dutch ...
Dale M's user avatar
  • 211k
5 votes
Accepted

Is the illegality of an action constrained to a country?

In other words - is the "illegality" of an action restrained to a country, from that country perspective? Or does performing this action abroad (where it is legal) does not matter? Sometimes yes. ...
ohwilleke's user avatar
  • 218k
5 votes

Is the illegality of an action constrained to a country?

Countries can prosecute people for their actions in any part of the world, but generally only do so for certain crimes. In other words, whether the country is likely to assert extraterritorial ...
phoog's user avatar
  • 37.5k
5 votes

Do any other consumer rights laws have extraterritorial applicability to international organisations that cater to British or European customers?

There is nothing extraterritorial about these laws. If a company sells a good or provides a service to individuals based in the EU, then this good or service has to comply with EU laws. This concept ...
quarague's user avatar
  • 3,495
4 votes

What happens if you break a law in another country outside of that country?

It's certainly possible for the country to make your out-of-country actions illegal if they involve interacting with the country and its laws. The people in that country who actually enforce the ...
Harper - Reinstate Monica's user avatar
4 votes

How do I keep my web site out of Europe?

It's not relevant whether your website is available in Europe, so attempting to block Europeans from accessing it is not the right approach. It's possible to have a website be available in Europe ...
JBentley's user avatar
  • 8,311
3 votes
Accepted

Could a country be formed in Antarctica if the new country didn't sign the Antarctic act?

The Antarctic Treaty does not nullify claims or prevent land ownership, and most of Antarctica is claimed by one of a handful of countries. However, these claims are not recognized by most countries. ...
user6726's user avatar
  • 215k
3 votes
Accepted

By what mechanism does GDPR jurisdiction bind data controllers that operate outside the EU?

Because most countries enforce foreign judgements You get prosecuted in the EU and have a fine imposed. If you have no assets in that jurisdiction they give the judgement to a court in your ...
Dale M's user avatar
  • 211k
3 votes
Accepted

Can Tunisia prosecute for crimes committed outside its territory?

The The Great Train Robbery (if committed today) would be considered an Organized Crime. Tunisia ratified the United Nations Convention against Transnational Organized Crime on the 2003-06-19. ...
Mark Johnson's user avatar
  • 5,628
3 votes

When does US state law apply on the high seas?

The general rule is that activities on the high seas are subject to federal law, both under general principles of admiralty law (which "consists of both domestic law on maritime activities, and ...
ohwilleke's user avatar
  • 218k
3 votes
Accepted

Does EU/US copyright law follow its citizens wherever they go?

While I agree with most of what is said in user6726's answer, as it is currently written, I disagree with the ultimate conclusion to the title question so feel the need to write my own answer. ...
DPenner1's user avatar
  • 4,941
3 votes

A matter of jurisdiction

Generally, extraterritorial jurisdiction acts as a backup. If the Italian courts want to prosecute, the US will not claim jurisdiction. And if the Italians do not want to prosecute, they're unlikely ...
MSalters's user avatar
  • 5,677
3 votes
Accepted

Can the law of a country be applied over a resident of another country?

The victim's country might seek the suspect's extradition from the country of residence. Extradition is a formal law enforcement process whereby the authorities in each country cooperate to hand over ...
Lag's user avatar
  • 17.2k
3 votes
Accepted

Original work or derivative work if published posthumously and never previously registered?

As Polygnome points out in the comments, the first step is to determine who owns the original copyright on your mother's work now. This will be her heirs. If you are the sole heir then no problem. If ...
Paul Johnson's user avatar
  • 13.5k
3 votes

What happens if you break a law in another country outside of that country?

Abduction In addition to the answers already given, there have been a significant number of times when an individual who has committed a crime in a foreign country and has evaded extradition (or ...
Richard's user avatar
  • 4,095
3 votes
Accepted

How long an arm does the U.S. have against foreign "violators" of U.S. law outside the U.S.?

The main question is whether the US has jurisdiction outside the US, which means either "in another country" or "in no country" (viz. the high seas or outer space). It has generally been felt (legally)...
user6726's user avatar
  • 215k
3 votes
Accepted

What is it about the SDNY that results in the phenomenon captured by the slang name "Sovereign District of New York"?

The SDNY seems to hear a lot of high-profile civil and criminal cases ... What is it about this section of the court system that results in this peculiar phenomenon, captured in that it is widely ...
phoog's user avatar
  • 37.5k
2 votes

How long an arm does the U.S. have against foreign "violators" of U.S. law outside the U.S.?

Under the theory or doctrine that a government can make anything illegal (subject to constitutional limitations) and can impose those laws on anyone subject to its power to enforce them. If the US ...
Dale M's user avatar
  • 211k
2 votes

To what extent can a country criminalize acts outside its territory?

To the extent that the country's constitution allows the legislature to make a law with extraterritorial scope. (Of course other countries may or may not cooperate with the enforcement of that law.) ...
Lag's user avatar
  • 17.2k
2 votes

Is Baarle-Hertog/Baarle-Nassau the only case where businesses fall under multiple same-level jurisdictions because the border goes through them?

The Haskell Free Library and Opera House was built on the border between Quebec and Vermont. A thick black line runs beneath the seats of the opera house and diagonally across the center of the ...
phoog's user avatar
  • 37.5k
2 votes

Limits of navy jurisdiction/authority in international waters

The limit on boarding is contained in Article 110 of the UN Convention on the Law of the Sea Article 110 Right of visit Except where acts of interference derive from powers conferred by treaty, a ...
Dale M's user avatar
  • 211k
2 votes

Could a third party be forced to hand over data if it is headquartered outside the US?

Strictly speaking, one has to define "forced". But with companies like these, in countries like these the answer is "Yes," by a couple of mechanisms. American branches: Nintendo (...
sharur's user avatar
  • 8,801

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