. (97) While the ATS unquestionably allowed
(16) The Federal Circuit determined that patent law applied extraterritorially
when the components of a system are physically located in multiple nations and "the nature of a system's components permits their use to be separated from their physical location, such that the system may not be located wholly within one jurisdiction." (17) In another case, instead of focusing on the 'physical location' of the patented system as a dispositive factor, the Supreme Court focused on where the patented system was controlled and used.
For instance, American antitrust law has been applied extraterritorially
in accordance with the "effects doctrine" since at least 1942.
(10) The definition of the navigable waters of the United States from The Daniel Ball then would require the LHWCA to be applied extraterritorially
in the sovereign territory of other nations and in territory not subject to the laws of any nation.
(9) The Act operates extraterritorially
, (10) so it can be used, for example, to charge an Australian soldier with a sexual assault allegedly committed while on leave in Thailand.
enforcement agencies to have a single international antitrust standard: for companies, a single standard would reduce the transaction costs of engaging in multinational business, and for enforcement agencies, a single standard would ensure uniform and effective enforcement of antitrust laws extraterritorially
. Moreover, from the point of view of the government, required adherence to an international enforcement norm could serve as a "hands-tying" mechanism that would commit the government to a preferred long-term course of action and discourage defection caused by short-term, domestic political incentives.
environmental law against the Canadian company, which in turn raised the concern that the United States was attempting to apply its environmental regulation extraterritorially
. (181) In the late 1990s, Teck Cominco was the defendant again for the alleged annual discharge of up to 145,000 tons of waste in the form of slag (a byproduct of the lead and zinc smeltering plant) into the Columbia River from 1906 to 1995.
, going beyond a simple determination about the United
This issue had significance for the development of human rights law during the 2000s when there was intense legal interest in whether the Constitution applied extraterritorially
or gave protections to aliens.
(10) But the Court was fragmented in its rationale, and Justice Kennedy (who provided the fifth vote for the majority) suggested that the Constitution should apply extraterritorially
except when it would be "impracticable and anomalous."" In Boumediene v.
(2.) Courts in the United States generally have been reluctant to extend federal environmental laws extraterritorially
even when foreign activity causes harmful effects in the country.
German laws on the sexual abuse of minors apply extraterritorially
. This year, the government cooperated with law enforcement officials in Southeast Asia to investigate German sex tourists and bring them to trial either in Germany or destination countries.