Courts have repeatedly held that the presumption against extraterritoriality
is not overcome absent a "clear and affirmative" expression of congressional intent for its application.
and the Enactment of [section] 1(f)
This account grossly understates the extraterritoriality
problem and wholly ignores institutional features that render state attorneys general more rather than less problematic.
Those states party to the European Convention on Human Rights (49) (ECHR) have also had to confront extraterritoriality
53) As the provision's sponsor, Representative Paul Kanjorski, made clear, section 929P was specifically designed to rebut the presumption against extraterritoriality
for public enforcement "by clearly indicating that Congress intends extraterritorial application in cases brought by the SEC or the Justice Department.
Since this article was submitted for publication, the Supreme Court has held that the "presumption against extraterritoriality
applies to claims under the ATS, and that nothing in the statute rebuts that presumption.
Justice Ginsberg referred to Sosa when extraterritoriality
was raised at the first Kiobel oral argument, stating her view that Sosa had decided that extraterritorial ATS claims were viable.
Kiobel applied a presumption against extraterritoriality
The court bolstered its conclusion on extraterritoriality
by determining that the statute potentially would conflict with legitimate regulatory regimes that other states might enact.
8) Part V suggests that leading extraterritoriality
precedents make more sense when viewed as a struggle between rules and standards, on the one hand, and proextraterritoriality and antiextraterritoriality interpretive methods, on the other hand.
companies, but little by little, OFAC has engaged in this creeping extraterritoriality
The state responded to the implications of principle of extraterritoriality
embedded in the 1855 trade treaty with Britain and the threat of 19th century imperialism with the intentional underdevelopment of property rights institutions in order to discourage an international market in land.