The military extraterritorial jurisdiction act meja is a critical statute for the future of the united states military and the american public. Title 18, united states code, is amended by inserting after chapter 211 the following new chapter. Accordingly, assertions of extraterritorial jurisdiction are permitted only where there is a nexus between the state seeking to assert jurisdiction and the regulated persons or conduct falling within one of the 7established bases of jurisdiction. Therefore, the first applicant came under the authority andor effective control. Securities enforcement authorities extraterritorial. The sources said any charges against blackwater employees probably would come under the military extraterritorial jurisdiction act. In australia, extraterritorial jurisdiction of the state parliaments was authorized by s. The phenomenon of extraterritorial jurisdiction, or the exercise of legal power beyond territorial borders, presents lawyers, courts, and scholars with analytical onions comprising layers of national and international legal issues. It is a matter of the law of the place where it occurs. Extraterritorial jurisdiction for planning and development. As the law is not settled in some areas, this also raises questions about the practice of states and policy issues. Extraterritoriality legal definition of extraterritoriality. United states jurisdiction over extraterritorial crime core. A territorial justification for extraterritorial jurisdiction 1227 1 extradition or expulsion cases.
Conduct begin in the state and has effects in the state, also yes. The act of contacting our firm does not establish an attorneyclient relationship. The inclusion of an area in the extraterritorial jurisdiction of a municipality does not by itself authorize the municipality to impose a tax in the area. Reform act of 1975 provides a solution to the presently sxisting jurisdictional void in this area by creating extraterritorial federal jurisdiction over citizens not subject to the uniform code of military justice. As president of the oft, i would like to address some concerns that our members have about h. Nothing in this chapter may be construed to deprive a courtmartial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by a courtmartial, military commission, provost court, or other military tribunal. Meja military extraterritorial jurisdiction act acronymfinder. Chapter 212military extraterritorial jurisdiction sec. Private security guards set to be prosecuted the expansion of the military extraterritorial jurisdiction act of 2000 meja and the uniform code of military justice ucmj has complicated the legal environment for u. When unqualified, etj usually refers to such an agreed jurisdiction, or it will be called something like claimed e. Legislation in the 109th congress introduction subject matter jurisdiction over a criminal offense is usually a matter of the law of the place where the offense occurs. Any authority can claim etj over any external territory they wish.
This bill and companion legislation passed by the senate, s. This paper examines that question through the lens of international law. Extraterritorial economic sanctions and their foundation in international law 633 examples the us9can legally claim such extraterritorial regulatory authority. Report of the task force on extraterritorial jurisdiction. Direct the justice department to create new investigative units to investigate, arrest and prosecute contractors and employees who commit. Terrorism and the intersection of national and international law anthony j. The military extraterritorial jurisdiction act a thesis presented to the faculty of the u.
Introduction datas intangibility poses significant difficulties for determining where data is located. Extraterritorial jurisdiction as a tool for improving the. Extraterritorial jurisdiction as a tool for improving the human rights. The question is whether section 929pb restored the conduct and effects test for sec enforcement actions, even though it addressed only jurisdictional issues and did not amend the reach of the securities laws. In its recently published advisory opinion on the environment and human rights of 15 november 2017 in ejil. It finds that under international principles, extraterritorial jurisdiction is often legal, with. The civilian extraterritorial jurisdiction act will. It followed that turkeys jurisdiction extended to the entire range of convention rights violations, which were imputable to turkey. Contractors and the civilian extraterritorial jurisdiction act. Extraterritorial jurisdiction etj applicable standards k20 development code appendix c subdivision ordinance2 code appendix b grading ordinance code chapter 1150 thru 1157 drainage ordinance code 11121 thru 11209 driveway and access ordinance code 15150 city water standards code appendix b city sewer standards code appendix b.
Dustin tipling 2 although the concept of a private military 4 is nothing new, the corporate nature and mission of todays pmcs is groundbreaking and raises serious accountability questions. Its interpretation affects both national security and the rights of american citizens overseas. However, as this paper intends to show, complex extraterritorial jurisdiction issues arise with increasing frequency in civil, commercial, and. This act may be cited as the military extraterritorial jurisdic tion act of 2000. Military extraterritorial jurisdiction act meja 18 u. Extraterritorial members act only on matters affecting the extra territorial area unless the city ordinance specifically grants them equal authority on matters within the city. Using extraterritorial jurisdiction to prosecute violations. Extraterritorial jurisdiction plays a significant role in regulation of transnational anticompetitive practices. Antitrust civil suits initially, the sherman act and other united states antitrust laws could not reach the activities of foreign corporations if such activities were carried out beyond the territorial limits of the. The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws.
As a result, the department of justice doj and the. The problem is not that data is located nowhere, but that it may be located anywhere, and at least parts of it may be located nearly everywhere. The military extraterritorial jurisdiction act dtic. Army command and general staff college in partial fulfillment of the requirements for the degree master of military art and science strategy by kathleen a.
The extraterritorial reach of the criminal provisions of u. Jurisdiction exercised by a nation in other countries by treaty, or by its own ministers or consuls in foreign lands. Military extraterritorial jurisdiction act meja overview. This article explores the degree to which international law has permeated u. In international law, extraterritoriality exempts certain diplomatic. These implications of datas intangibility challenge. Apr 22, 2012 this article explores the degree to which international law has permeated u. After september 11, 2001, additions and modifications to federal law placed renewed focus on the ability of the government to prosecute american citizens for extraterritorial misconduct that violates the law of war. Extraterritorial jurisdiction etj is it constitutional. Reach of the courts under the e fect test after xulko v. Act a the premises of united states diplomatic, consular, military or other. In an analogous context, the supreme court has long required what amounts to a nexus. Military and federal jurisdiction under the act are compared and contrasted with a view toward delineating the areas of exclusive. Overview of the military extraterritorial jurisdiction act meja.
Extraterritorial jurisdiction over acts of terrorism. However, for the claim to be effective in the external territory except by the exercise of force, it must be agreed either with the legal authority in the external territory, or with a legal authority. Code chapter 212 military extraterritorial jurisdiction. This act may be cited as the military extraterritorial jurisdiction act of 1999. Eichensehr online edition volume 95 introduction datas intangibility poses significant difficulties for determining where data is located. Civilian extraterritorial jurisdiction act ceja of 2011. In the us, texas is one of the states that by law allow cities to claim etj to contiguous land beyond their city limits. The defendant, a united states citizen in the military and stationed in. District court upholds extraterritorial enforcement of the.
Extraterritorial application of american criminal law. Criminal offenses committed by certain members of the armed forces and by persons employed by or accompanying the armed forces outside the united states. In the us, extraterritorial impacts in this field first arose from standard oil co. Military extraterritorial jurisdiction act of 2000. The second question goes to the appropriateness of a state asserting extraterritorial jurisdiction in a given case. United states, 6 where imperial oil in canada was ordered to be divested from standard oil. A free, open platform to read, write, share, discuss and act on human rights and democratisation. The law was used to prosecute former marine corps sgt. Extraterritorial jurisdiction etj is the legal ability of a government to exercise authority beyond its normal boundaries any authority can claim etj over any external territory they wish. Military extraterritorial jurisdiction act wikipedia. Stinger, a noted scholar who has written extensively about pmcs,6 defi nes pmcs as profit driven organizations that trade in professional services intricately linked to. Extraterritorial jurisdiction over foreign defendants in u. Federal contractor criminal liability oversea congressional research service summary the united states government uses hundreds of thousands of civilian contractors and employees overseas.
Posts about extraterritorial jurisdiction written by rights. And access to data does not depend on physical proximity. The problem is not that data is located nowhere,1 but that it may be located anywhere, and at least parts of it may be located nearly everywhere. Extraterritorial jurisdiction is the legal ability of a government to exercise authority beyond its normal boundaries. This statute gives the united states judicial system the ability to exercise jurisdictional. To amend title 18, united states code, to clarify and expand federal criminal jurisdiction over federal contractors and employees outside the united states, and for other purposes.
Extraterritorial jurisdiction of states parties to the. Extraterritorial legal definition of extraterritorial. November 2010 the military extraterritorial jurisdiction act meja is a law intended to place military contractors under u. The criminal code asserts jurisdiction over the following offences outside canada. The doddfrank acts provision speaks only to courts jurisdiction. Jurisdiction is based off of the location of the defendants act. Nevertheless, a number of american criminal laws apply extraterritorially outside of the united states. Extraterritorial jurisdiction etj applicable standards k20 development code appendix c subdivision ordinance2 code appendix b grading ordinance code chapter 1150 thru 1157 drainage ordinance code 11121 thru 11209 driveway and access ordinance code 15. The overwhelming majority of cities in north carolina with extraterritorial jurisdictionover 90 percentallow extraterritorial members to vote on all matters coming. This criminal law is brought to you for free and open access by northwestern university school of law scholarly. The military extraterritorial jurisdiction act meja is a critical statute for the future. They and their dependants are often subject to local prosecution for the crimes they commit abroad.
Extraterritorial application of american criminal law congressional research service summary criminal law is usually territorial. A new extraterritorial jurisdictional link recognised by. Pdf service jurisdiction in international law researchgate. International law and limitations on the exercise of. The list of acronyms and abbreviations related to meja military extraterritorial jurisdiction act.
And at first glance, this new jurisprudence seems sensible. A new extraterritorial jurisdictional link recognised by the. However, for the claim to be effective in the external territory, it must be agreed either with the legal authority in the external territory, or with a legal authority that covers both territories. Extraterritorial jurisdiction, as it refers to cities, is the legal capability of a municipality to exercise authority beyond the boundaries of its incorporated area. Colangelo introduction the united states, like many nationstates, presently claims the authority to project its criminal laws beyond its territorial borders. A number of federal criminal statutes, however, enjoy extraterritorial applicati on. Extraterritorial jurisdiction in the european union fidh. The european union and extraterritorial jurisdiction. The military extraterritorial jurisdiction act and its. This act may be cited as the military extraterritorial jurisdic 18 usc 3261 tion act of 2000. To amend title 18, united states code, to establish federal jurisdiction over offenses. The area in which the alleged acts took place was on the territory of the turkish republic of northern cyprus.
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