Extraterritoriality refers to the application of a nation’s law to persons, conduct, or property outside its own territory. Customary international law allows nations to regulate extraterritorially on a number of different bases, including effects, nationality, and universal jurisdiction. Nations generally limit the extraterritorial application of their laws to a greater extent than customary international law requires. For example, the United States applies a presumption against extraterritoriality to federal law and sometimes imposes additional limitations as a matter of prescriptive comity. Some U.S. states have their own presumptions against extraterritoriality, which may differ from the federal presumption.
A Primer on Extraterritoriality
[Updated September 1, 2025] Extraterritoriality refers to the application of a state’s law beyond the state’s borders. Although the word “extraterritorial” often has negative connotations, international law permits a great deal of extraterritorial regulation. In a world where trade, information, crime, and lots of other things regularly cross borders, states often have an interest in…
Continue ReadingFourth Circuit Affirms $42 Million Jury Verdict in Abu Ghraib Case
Editor’s Note: This article also appears in Just Security. Between October and December 2003, interrogators hired by CACI Premier Technology, Inc., along with members of the U.S. military, abused detainees at Abu Ghraib prison in Iraq, subjecting them to sexual assault, forced nudity, dog threats and attacks, prolonged stress positions, and threats. In 2008, some…
Continue ReadingThrowback Thursday: The Helms-Burton Act’s 30th Anniversary
Thirty years ago today, on March 12, 1996, President Clinton signed into law the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, better known by the names of its principal sponsors as the Helms-Burton Act (“the Act”). The Act was designed to sanction Fidel Castro’s government and to encourage a transition to a democratically…
Continue ReadingU.S. Copyright Transfer Termination Rights as a Choice-of-Law Problem
A transfer of copyright, such as an assignment of copyright or a license of copyright, is often executed with transnational scope. Business transactions in most types of copyrighted works are increasingly global, and it is not surprising that parties want to conduct transactions in copyright for multiple countries. Transfers of copyright, including those that arise…
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