Extraterritorial Jurisdiction of State and Perception Transformation of its Spatial Boundaries

Abstract

The grounds for the extraterritorial manifestation of state jurisdiction in the context of the transformation of the perception of its boundaries. The trend of widespread extraterritorial jurisdiction is losing its importance as a “last level” jurisdiction in the modern conditions, taking into account possibility of the establishing of extraterritorial jurisdiction not only in relation to crimes in the sphere of international law, but also in relation to other public-law relations such as tax, antitrust, information regulation. As a result of the study of current trends in the implementation of legislative, judicial, executive powers of one state affecting the significant interests of another state, the author has proposed to consider extraterritorial jurisdiction in dialectical contradiction. On the one hand the international principle of sovereign equality and territorial supremacy of states does not allow the outside interference, and on the other hand the actual unauthorized extension of the jurisdiction of one state in relation to another state takes place. The contradiction stipulates the development of restrictive mechanisms for the establishment of extraterritorial prescriptive jurisdiction in the form of a close connection between the applicable law and an appropriate relationship. The subject of the close connection may serve foreigners' awareness of regulatory acts providing for extraterritorial scope. An illustration of the need to establish this restriction is the activity in the non-territorial information and communication space on the cyberspace platform that can be subject of jurisdiction of any state in the absence of a relationship with the state of the court and awareness of foreign law. The article also raises the question of the interrelation of extraterritorial judicial jurisdiction and prescriptive jurisdiction that allows to establish broad grounds of extraterritorial judicial jurisdiction in relation to cross-border private disputes. This is explained by the extraterritorial effect of private law applicable to these relations. The article analyzes the close connection criterion as the basis of extraterritorial judicial jurisdiction, which, in the author's opinion, is more responsive to modern challenges caused by the rapid development of the information society and digital technologies.