Extraterritoriality and Private International Law
Recht in Beweging, pp.119-135, 19de VRG Alumni-dag, Antwerpen, Maklu, 2012
17 Pages Posted: 12 Oct 2012
Date Written: March 11, 2012
'Extraterritoriality' takes different forms in private international law. This includes courts of some of the EU Member States claiming jurisdiction to hear cases not even remotely connected with their territory (in particular, on the basis of the nationality of the plaintiff), and the potential introduction of a 'forum necessitatis' in the review of the Brussels Regulation.
This contribution reviews the use of private international law in the debate on corporate social responsibility, leading directly to extraterritoriality concerns. It highlights the general challenges in both claiming jurisdiction to hear facts which have taken place outside one's territory, and further, to have one's laws applied to such facts. It compares the US approach on the issue in the light of recent case-law, with the EU's stance.
Keywords: extraterritoriality, ATS, EU, private international law, CSR, conflict of laws
JEL Classification: K41
Suggested Citation: Suggested Citation