- Answer depends on 2 questions:
- 1. Whether statute should be read as having extraterritorial effect and
2. Whether international law permits US to apply its law to particular conduct.
In some instances, explicit congressional language allows for an easy resolution on favor of extraterritorial application. In other situations, courts are left to determine whether statute and conduct warrant extraterritorial application. To assist in deciding these situations the courts examine precedent, accepted jurisdiction bases, launguage from restatement and treaties.
- 1. “An
- act of Congress ought never to be construed to violate the law of nations
- if any other possible construction remains…”
- 1. When
- the statute is not logically dependent on its locality, limiting its locus to
- the strictly territorial jurisdiction would greatly curtail the scope and
- usefulness of the statute.
- When a statute describes a
- crime that is not logically dependent on the locality and injures the
- government where the crime occurs