ARTICLE: EXTRATERRITORIAL JURISDICTION IN CIVIL, COMMERCIAL, AND INVESTMENT MATTERS Skip over navigation
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Copyright (c) 2008 ILSA Journal of International & Comparative Law
ILSA Journal of International & Comparative Law

ARTICLE: EXTRATERRITORIAL JURISDICTION IN CIVIL, COMMERCIAL, AND INVESTMENT MATTERS

Spring, 2008

ILSA Journal of International & Comparative Law

14 ILSA J Int'l & Comp L 461

Author

Anibal Sabater *

Excerpt

I. INTRODUCTION

Extraterritorial jurisdiction can be defined as a government's ability to adjudicate disputes involving individuals who are located and/or events that have taken place in another jurisdiction, including acts and omissions of foreign officials. Due to their sometimes extensive transnational ramifications, human rights 1 and mass tort cases 2 are particularly apt to give rise to extraterritorial jurisdiction issues. In fact, several modern legal theories and discussions on extraterritorial jurisdiction appear to be premised on the idea that those two are the most frequent, if not the only, relevant types of disputes with a bearing on the subject. 3

However, as this paper intends to show, complex extraterritorial jurisdiction issues arise with increasing frequency in civil, commercial, and foreign investment matters that do not involve (or, at least, do not substantially involve) alleged human rights violations or mass torts.

To prove that point, this paper shall briefly discuss three recent cases. The paper does not intend to draw conclusions or show a pattern other than the irreducible complexity of extraterritorial jurisdiction matters, in which it is hard to offer general or "one-size-fits-all" solutions. Two of the cases discussed in this paper were brought before common law jurisdictions and one before a civil law jurisdiction, something that does not appear to have had any discernable impact on the ultimate outcome of each of those cases.

In the first case discussed in this paper no decision on the merits of the dispute was ever issued. In the second case, Occidental Exploration ...
 
 
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