Extraterritorial Jurisdiction in Theory and Practice.
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Place / Publishing House: | Boston : : BRILL,, 1996. ©1996. |
Year of Publication: | 1996 |
Edition: | 1st ed. |
Language: | English |
Physical Description: | 1 online resource (280 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- Foreword
- List of Contributors
- I. Jurisdictional Issues Before National Courts: The Insurance Antitrust Case
- 1. The Facts of the Case
- 2. Two Views in the Lower Courts
- 3. Two Views in the Supreme Court
- 4. Some Observations
- A. The Status of US law
- B. The Split over the Restatement
- C. Evaluating Conflict of Jurisdictions
- Discussion
- II. Extraterritorial Taxation in International Law
- 1. Introduction
- 2. Panorama of Extraterritorial Tax Practices
- 3. Fiscal Sovereignty in International Law
- 4. The limits of Fiscal Jurisdiction
- 5. The Rules of Fiscal Jurisdiction Reflected in State Practice
- 6. Suppressing Extraterritorial Tax Practices
- 7. Detecting Excessive Extraterritorial Tax Practices
- 8. Concluding Remarks
- Discussion
- III. Extraterritorial Orders Affecting Bank Deposits
- 1. Introduction: The 'Mareva' in the Comparative Context
- 2. The Mareva Injunction and its Effect on Banks
- 3. Extraterritorial Orders and their Effects on Banks
- 4. Are Such Orders Really Extraterritorial?
- A. Effect on the Defendant
- B. Effect on Third Parties Including Banks
- 5. Implications for the International Law of Jurisdiction
- Discussion
- IV. Jurisdictional Rules in Customary International Law
- 1. Introduction
- 2. Customary International Law
- 3. International Comity
- 4. Comity, the Restatement and Interest Balancing
- 5. Conclusion
- Comment: Andrea Bianchi
- 1. Introductory Remarks
- 2. Extraterritoriality and Jurisdiction: A Matter of Degree
- 3. A Question of Methodology: Public International Law or Conflicts Rules?
- 4. International Agreements
- 5. Current Trends in Legal Scholarship: The Alleged Antinomy Between Traditional Approaches to the International Law of Jurisdiction and Recent Methods of Interest Analysis.
- A. Criticism of the Classical International Law Doctrine
- B. Criticism of the Balance of Interests Rule
- C. More on the Concept of Interest
- 6. The Search for a Common Denominator
- 7. The Customary Regime of Jurisdiction in Contemporary International Law
- 8. Export Control: A Case Study
- 9. The Relevance of Other Principles of International Law
- 10. The Fragmentation of the International Law of Jurisdiction
- Discussion
- V. Extraterritorial Application of Criminal Law: Jurisdiction to Prosecute Drug Traffic Conducted by Aliens Abroad
- 1. The Netherlands and Germany: A Clash of Policies
- 2. Legal Grounds to Prosecute under German Municipal Law
- 3. Jurisdictional Bases to Prosecute under International Law
- A. Jurisdiction Based on Territoriality
- B. Jurisdiction Based on Effects
- C. Jurisdiction Based on the Protective Principle
- D. Universal Jurisdiction
- E. Jurisdiction Based on the Principle of Representative Administration of Criminal Justice
- 4. Conclusion
- Discussion
- VI. Extraterritorial Application of Environmental Law
- 1. The Emerging Issue of Extraterritorial Environmental Regulation
- 2. The Limits of Extraterritorial Environmental Regulation
- 3. The Legitimacy of Extraterritorial Environmental Regulation: The US-Mexico Tuna Dispute
- 4. Critique of the Panel's Ruling
- 5. Is there a Duty to Apply Environmental Law Extraterritorially?
- Discussion
- VII. The UK Government's Experience in Accommodating the Extraterritorial Application of Foreign Laws
- Discussion
- VIII. New US Policy on the Extraterritorial Application of Antitrust Law and Foreign Responses
- 1. The Impact of the New US Policy on the Extraterritorial Application of Antitrust Laws on Importing Countries
- 2. Foreign Responses to the New US Antitrust Enforcement Policy
- 3. Possible Solution of Conflict of Jurisdiction.
- Discussion
- IX. National Control over International Mergers and Acquisitions
- Discussion
- X. Extraterritorial Rules on Banking and Securities
- 1. Attachments/Injunctions Regarding Foreign Deposits
- 2. Attachments/Injunctions Regarding Other Assets Held Abroad
- 3. Money Laundering Legislation
- 4. Information Regarding Substantial Shareholdings
- 5. Restrictions on Public Offerings of Securities
- 6. Other Securities Law Requirements
- A. Accounting Requirements
- B. Insider Trading
- C. 'Trading Rules' Regarding Market Manipulation and Stabilisation
- Discussion
- XI. Drafting Rules on Extraterritorial Jurisdiction
- 1. The Exercise of Extraterritorial Jurisdiction
- 2. National Conflicts Law and Customary International Law
- 3. The Role of International Agreements
- 4. Criteria Reflecting Territorial links
- 5. Criteria Taking Account of the Attitudes of Foreign States
- 6. Internationally Agreed Policies
- Discussion
- Index.