Commonwealth of Nations 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.
Canada The
Criminal Code asserts jurisdiction over the following offences outside
Canada: • on a Canadian aircraft in flight, or on any other flight which terminates in Canada, for any
indictable offence • on any aircraft or in any airport in the world, for endangering such facilities • by a
Canadian citizen,
permanent resident, or
stateless person resident in Canada, for offences relating to
cultural property protected by the
Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict • against or on board a Canadian ship on the
high seas or a
fixed platform attached to the
continental shelf of Canada, or by or against a Canadian citizen on any ship or fixed platform, or by any person who is found in Canada after such offence • on a Canadian ship or aircraft, relating to •
hostage taking, • offences against internationally protected persons or
United Nations personnel, or •
terrorism financing • on the
International Space Station • involving
nuclear material • involving
terrorism •
terrorist activity against Canadian citizens or Canadian government missions, or intended to compel the Canadian government, or any provincial government, to do or not do a particular act • relating to
sexual offences against children
China Article 38 of the
Hong Kong national security law, passed in June 2020, asserts that the law applies to all persons – regardless of nationality – both inside and outside
Hong Kong. Crimes covered under the national security law include: • advocating, planning, or supporting
secession or changes in
Hong Kong or the
People's Republic of China sovereignty. • subverting the
People's Republic of China government and system, including related participation, organizing, planning, and financially supporting these activities • substantially interfering or obstructing the
People's Republic of China and
Hong Kong government functions • acts of
terrorism, defined as including damaging transportation equipment, causing traffic obstructions, or otherwise substantially interfering with the public's health and safety • colluding with foreign forces to harm national security, defined as including causing substantial obstruction to the
People's Republic of China and
Hong Kong government policies, controlling elections, seeking foreign
sanctions, or inciting hate against the Chinese and Hong Kong governments. In 2024, the People's Republic of China issued legal guidelines stating that supporters of
Taiwanese independence, regardless of their location, could be
tried in absentia and
sentenced to death by Chinese courts.
Ireland United Kingdom Under Section 72 of the
Sexual Offences Act 2003, British citizens can be prosecuted for sexual offences committed abroad if said act would constitute an offence in both jurisdictions (under the law in force in that country or territory, and the law applicable in the relevant UK nation). 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 or outside the United Kingdom.
United States Municipal and state law In the
U.S., many
states have
laws or even
constitutional provisions which permit
cities to make certain decisions about the land beyond the town's
incorporated limits. :* Examples of states which allow cities to claim ETJ with respect to
zoning or other matters, either generally or prior to
annexation, are: ::*
Alaska ::*
Arkansas ::*
Nebraska, ::*
North Carolina, and ::*
Texas :* In
California, county
Local Agency Formation Commissions determine
spheres of influence that cities may exercise over areas outside their boundaries.
Federal law The U.S.
Criminal Code asserts the following items to fall within the
special maritime and territorial jurisdiction of the United States, much of which is extraterritorial in nature: • The
high seas and any other waters within the
admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular state, including any vessels owned by US persons that are travelling on them • Any US vessel travelling on the
Great Lakes, connecting waters or the
Saint Lawrence River (where that river forms part of the
Canada–United States border) • Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof • Any island claimed under the
Guano Islands Act • Any US aircraft flying over waters in the same manner as US vessels • Any US
spacecraft when in flight • Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States • Any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States • Offenses committed by or against a national of the United States in
diplomatic missions,
consulates, military and other missions, together with related residences, outside the US •
International Parental Kidnapping Crime Act Individuals involved in doping at major international sporting events can be sanctioned by the United States via the
Rodchenkov Act if American companies are involved in sponsoring those events or the American financial system is utilized by the organizers. In order to deal with the issue of
private military contractors and
private security contractors being used by U.S. Government agencies overseas, the
Military Extraterritorial Jurisdiction Act was passed by Congress to subject them to a similar manner of jurisdiction. Certain federal property has the status of
federal enclave, restricting the application of state laws, but that has been partially rectified by the
Assimilative Crimes Act. Similarly, state jurisdiction is restricted on
Native American tribal lands. Generally, the U.S. founding fathers and early courts believed that American laws could not have jurisdiction over sovereign countries. In a 1909
Supreme Court case, Justice
Oliver Wendell Holmes introduced what came to be known as the "presumption against extraterritoriality," making explicit this judicial preference that U.S. laws not be applied to other countries. American thought about extraterritoriality has changed over the years, however. For example, the
Alien Tort Statute of 1789 allows foreign citizens in the United States to bring cases before federal courts against foreign defendants for violations of the "law of nations" in foreign countries. Although this statute was ignored for many years, U.S. courts since the 1980s have interpreted it to allow foreigners to seek justice in cases of
human-rights violations in foreign lands, such as in
Sosa v. Alvarez-Machain. In
Morrison v. National Australia Bank, 2010, the Supreme Court held that in interpreting a statute, the "presumption against extraterritoriality" is absolute unless the text of the statute explicitly says otherwise.
Economic law Economic sanctions with extraterritorial impact have been instituted under: :* the
Trading with the Enemy Act (as in the case of the
embargo against Cuba) :* the
Arms Export Control Act and
International Traffic in Arms Regulations (in governing the re-export of subject goods and technologies after initial export from the US) :* the
International Emergency Economic Powers Act (especially in the case of
sanctions against Iran) :* the ''
Countering America's Adversaries Through Sanctions Act'' ==See also==