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

Abstract

'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

van Calster, Geert and Luks, Charlotte, Extraterritoriality and Private International Law (March 11, 2012). Recht in Beweging, pp.119-135, 19de VRG Alumni-dag, Antwerpen, Maklu, 2012. Available at SSRN: https://ssrn.com/abstract=2160209

Geert Van Calster (Contact Author)

K.U. Leuven ( email )

Tiensestraat 41
Bus 3424
B-3000 Leuven, 3000
Belgium

HOME PAGE: http://www.gavc.be

Charlotte Luks

affiliation not provided to SSRN ( email )

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