Extraterritorial jurisdiction
Extraterritorial jurisdiction or ETJ is the legal ability of a
government to exerciseauthority beyond its normal boundaries.Any authority can of course claim ETJ over any external territory they wish. But for the claim to be effective in the external territory (except by the exercise of force) it must be agreed either with the legal authority in the external territory, or with a legal authority which covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called something like "claimed ETJ".
International law
"See Also:
universal jurisdiction "Extraterritorial jurisdiction can apply internationally. For example, the
United States hasStatus of Forces Agreement s with many nations which give the United States jurisdiction over members of its military.Many countries have implemented laws which allow their nationals to be prosecuted by their courts for crimes such as
war crimes andgenocide even when the crime is committed extraterritorially. For example theUnited Kingdom has incorporated the International Criminal Court Act into domestic law. It is not retroactive so it applies only to events after May 2001 and war crime charges can be filed only against British nationals and residents. According to Peter Carter QC, chairman of the Bar's human rights committee [ [http://www.barhumanrights.org.uk/ Bar Human Rights Committee] "is the international human rights arm of the [http://www.barcouncil.org.uk/ Bar of England and Wales] . It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world."] "It means that British mercenaries who support regimes that commit war crimes can expect prosecution". [http://news.independent.co.uk/europe/article334972.ece Dutch court says gassing of Iraqi Kurds was 'genocide'] by Anne Penketh and Robert Verkaik inThe Independent December 24 2005 ]Prevent Genocide International, "a global education and action network established in 1998" [ [http://www.preventgenocide.org/aboutus/ Prevent Genocide International] ] claims that crimes such as genocide need to have extraterritorial jurisdiction so that people that commit such crimes can not find protection in a country that does not have such a law:
Municipal law
In the U.S., many
state s havelaw s or evenconstitution s which permit cities to make certain decisions about the land beyond the town's incorporated limits.Texas ,Alaska ,North Carolina , andArkansas are all examples of states which allow cities to claim ETJ overzoning laws, which is the most common use of ETJ. InCalifornia , ETJ is referred to as a city's "Sphere of Influence". Some examples include Los Angeles which has a sphere of influence over the unincorporated islands ofcensus designated place s in and around its boundaries, and Palmdale which has a large sphere of influence on its unincorporated suburbs as well as the cities within its U.S. government designatedForeign Trade Zone . Some states require that ETJ be established over an area for an extended time period (usually one year) before it can be subject toannexation . Most set the ETJ distance based upon a city'spopulation .In
Australia , extraterritorial jurisdiction of the various state and territory governments and government bodies is accommodated by theAustralia Act 1986 , [ [http://www.austlii.edu.au/au/legis/cth/consol_act/aa1986114/ Australia Act, 1986] ] although this is only one of many purposes of the Act.References
* [http://www.preventgenocide.org/aboutus/ Prevent Genocide International] . " [http://www.preventgenocide.org/law/domestic/ Domestic Laws Against Genocide] " a comprehensive list of municipal laws criminalising genocide. Many of them include clauses to allow extraterritorial jurisdiction.
Footnotes
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Look at other dictionaries:
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Jurisdiction — In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak ) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and,… … Wikipedia
extraterritorial — adjective 1 formal outside a particular country 2 law extra territorial rights, powers etc are governed from outside a country or area: an extraterritorial jurisdiction treaty extraterritoriality noun (U) … Longman dictionary of contemporary English
extraterritorial — ex·tra·ter·ri·to·ri·al /ˌek strə ˌter ə tōr ē əl/ adj: existing or taking place outside the territorial limits of a jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. extraterritorial … Law dictionary
extraterritorial — [eks΄trəter΄ə tôr′ē əl] adj. 1. outside the territorial limits or jurisdiction of the country, state, etc. 2. of extraterritoriality [extraterritorial rights] extraterritorially adv … English World dictionary
Extraterritorial — Ex tra*ter ri*to ri*al ([e^]ks tr[.a]*t[e^]r r[i^]*t[=o] r[i^]*al), a. Beyond the limits of a territory or particular jurisdiction; exterritorial. {Ex tra*ter ri*to ri*al*ly}, adv. [1913 Webster] … The Collaborative International Dictionary of English
extraterritorial — adjective Date: 1869 existing or taking place outside the territorial limits of a jurisdiction … New Collegiate Dictionary
extraterritorial — extraterritorially, adv. /ek streuh ter i tawr ee euhl, tohr /, adj. 1. beyond local territorial jurisdiction, as the status of persons resident in a country but not subject to its laws. 2. pertaining to such persons. Also, exterritorial. [1865… … Universalium
extraterritorial — [ˌɛkstrətɛrɪ tɔ:rɪəl] adjective 1》 situated or valid outside a country s territory. 2》 denoting the freedom of embassy staff from the jurisdiction of the territory of residence. Derivatives extraterritoriality noun … English new terms dictionary
