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Law Review: A New Rule for Extraterritorial Application of US Law

By Alliance Alert

Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial Application of US Law Jeffrey A. Meyer, 95 Minn. L. Rev. 110 (2010) "Part I provides a background on the concepts of 'territoriality' and 'extraterritoriality,' the landmark decisions of U.S. courts considering the extraterritorial application of U.S. law, and the customary international law of jurisdiction. Part II critiques the current extraterritorial jurisdictional framework as generally applied by U.S. courts today. It focuses on how the uneven application of the presumption against extraterritoriality ends up ensnaring judges in a highly subjective interpretive process that is inconsistent with the certainty and predictability needs that largely justify having jurisdictional rules. Part III sets forth the case for a rule of dual illegality to govern U.S. courts in deciding whether--in the absence of instruction from Congress--U.S. law should apply to criminalize or regulate conduct that occurs in foreign states. It demonstrates how a dual-illegality rule can work as it already has in the extradition context and responds to potential objections."

Full post as published by Constitutionally Correct on December 15, 2010 (boomark / email).