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Trade and the EnvironmentFundamental Issues in International Law, WTO Law, and Legal Theory$
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Erich Vranes

Print publication date: 2009

Print ISBN-13: 9780199562787

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199562787.001.0001

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Extraterritorial Jurisdiction

Extraterritorial Jurisdiction

Chapter:
(p.95) Chapter One Extraterritorial Jurisdiction
Source:
Trade and the Environment
Author(s):

Erich Vranes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199562787.003.0005

This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal principles. It provides a refined definition of extraterritorial jurisdiction. Moreover, it examines a plurality of ways to infer the proportionality principle from the structure of the legal order and shows that it can be classified, inter alia, as an element of teleological interpretation. The chapter argues that one cannot deny the existence of this principle in international law and that the principle of proportionality, understood as a scheme for rational argumentation, provides an adequate framework as to how exercises of extraterritorial jurisdiction can be assessed in a legally adequate manner.

Keywords:   extraterritorial jurisdiction, global commons, sovereignty, non-intervention, balancing of interests, proportionality, legal principles, rational legal argumentation, abuse of law, unilateralism

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