Extraterritorial Jurisdiction of State and PerceptionTransformation of its Spatial Boundaries

Abstract

The grounds for the extraterritorial manifestation of state jurisdiction in the contextof the transformation of the perception of its boundaries. The trend of widespreadextraterritorial jurisdiction is losing its importance as a “last level” jurisdiction in themodern conditions, taking into account possibility of the establishing of extraterritorialjurisdiction not only in relation to crimes in the sphere of international law, but also inrelation to other public-law relations such as tax, antitrust, information regulation.As aresult of the study of current trends in the implementation of legislative, judicial, executivepowers of one state affecting the significant interests of another state, the author hasproposed to consider extraterritorial jurisdiction in dialectical contradiction. On the onehand the international principle of sovereign equality and territorial supremacy of statesdoes not allow the outside interference, and on the other hand the actual unauthorizedextension of the jurisdiction of one state in relation to another state takes place. Thecontradiction stipulates the development of restrictive mechanisms for the establishmentof extraterritorial prescriptive jurisdiction in the form of a close connection betweenthe applicable law and an appropriate relationship. The subject of the close connectionmay 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-territorialinformation and communication space on the cyberspace platform that can be subjectof jurisdiction of any state in the absence of a relationship with the state of the courtand awareness of foreign law.The article also raises the question of the interrelation ofextraterritorial judicial jurisdiction and prescriptive jurisdiction that allows to establishbroad grounds of extraterritorial judicial jurisdiction in relation to cross-border private disputes. This is explained by the extraterritorial effect of private law applicable to theserelations. The article analyzes the close connection criterion as the basis of extraterritorialjudicial jurisdiction, which, in the author’s opinion, is more responsive to modern challengescaused by the rapid development of the information society and digital technologies.
For citation: Terentieva L.V. (2019) Extraterritorial Jurisdictions of State and Perception Transformation of its Spatial Boundaries. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 160–180 (in Russian) DOI: 10.17-323/2072-8166.2019.3.160.180