Мемлекеттік шекарадан тыс құқықтық юрисдикция

Concept in law

Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. However, 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 that covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called "claimed ETJ" or similar terms. The phrase may also refer to a country's laws extending beyond its boundaries in the sense that they may authorise the courts of that country to enforce their jurisdiction against parties appearing before them in with respect to acts they allegedly engaged in outside that country. This does not depend on the co operation of other countries, since the affected people are within the relevant country (or at least, in a case involving a person being tried in absentia, the case is being heard by a court of that country). For example, many countries have laws which give their criminal courts jurisdiction to try prosecutions for piracy, sexual offences against children, computer crimes and/or terrorism committed outside their national boundaries. Sometimes such laws only apply to nationals of that country, and sometimes they may apply to anyone.

Some confusion has arisen as to the meaning of "extraterritorial jurisdiction." In its broad application, the term refers to criminal acts that were committed outside the sovereign territory of a prosecuting state. Cedric Ryngaert, Professor of Public International Law and Head of the Department of International and European Law at Utrecht University, noted that a state asserting jurisdiction over crimes committed in other jurisdictions would still prosecute in the state's own territorial courts.

Diplomatic immunity of foreign embassies and consulates in host countries is governed by the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. They remain under the jurisdiction of the host country but are 'inviolable' (the host country's agents may not enter the premises, or detain accredited diplomats).

Status of forces agreements and visiting forces agreements are in effect in many countries that allow visiting forces to exercise jurisdiction over members of their forces that are stationed in the host country.

Economic sanctions against other countries may be instituted under either domestic law or under the authority of the United Nations Security Council, and their severity can include measures against foreign persons operating outside the country in question. In 2017, German Chancellor Angela Merkel and European Union President Jean Claude Juncker criticized the draft of new U. S. sanctions against Russia targeting the EU–Russia energy projects. France’s foreign ministry described the new U. S. sanctions as illegal under international law due to their extraterritorial reach.

Extraterritorial jurisdiction plays a significant role in regulation of transnational anti competitive practices. In the U. S., extraterritorial impacts in this field first arose from Standard Oil Co. of New Jersey v. United States, where Imperial Oil in Canada was ordered to be divested from Standard Oil. Current practice dates from United States v. Alcoa, where the effects doctrine was introduced, allowing for jurisdiction over foreign offenders and foreign conduct, so long as the economic effects of the anticompetitive conduct are experienced on the domestic market. The effects doctrine has been gradually developed in the U. S. and then in various forms accepted in other jurisdictions, also in the developing world. In the EU it is recognised based on the qualified effects or implementation test. Extraterritorial jurisdiction in the area of antitrust faces various limitations, such as the problem of accessing foreign based evidence, as well as the difficulties of challenged anticompetitive conduct arising from foreign state involvement.

The ability of parliaments of Commonwealth countries to legislate extraterritorially was confirmed by s. 3 of the Statute of Westminster 1931. In Australia, extraterritorial jurisdiction of the state parliaments was authorized by s.2 of the Australia Act 1986.

Under Section 72 of the Sexual Offences Act 2003, British citizens can be prosecuted for sexual offences committed against children abroad. Section 72 was used to convict paedophile Richard Huckle on 71 counts of serious sexual offences against children in Malaysia. Huckle was sentenced to 22 life sentences. While no official tally is kept, seven people are believed to have been convicted under Section 72. The Female Genital Mutilation Act 2003 asserted extraterritorial jurisdiction to close the loophole whereby girls could be taken outside the UK to undergo FGM procedures. The Nuclear Explosions (Prohibition and Inspections) Act 1998 in Section 2 prohibits United Kingdom nationals, Scottish partnerships or bodies incorporated under the law of any part of the United Kingdom from knowingly causing a nuclear explosion in the United Kingdom "or elsewhere".