Federal Jurisdiction Over Extraterritorial Acts of Terrorism and Nonimmunity for Foreign Violators of International Law Under the FISA and the Act of State Doctrine
61 Pages Posted: 10 Jun 2014
Date Written: June 9, 2014
This article is most useful for its exposition of the customary international law regarding the jurisdiction of a state to prescribe laws (e.g., territorial, nationality, protective, and universal jurisdiction). The article provides detail inquiry into two types of territorial jurisdiction (i.e., subjective and objective) as well as protective jurisdiction. Also addressed are sovereign immunity and the act of state doctrine and recognition that conduct in violation of international law is ultra vires, beyond the lawful authority of any state.
Keywords: act of state, acts, agency, CIL, continuing act, effects, enforcement, foreseeable, FSIA, human right, immunity, Intent, jurisdiction, jurisdiction to prescribe, national security, nationality jurisdiction, nonimmunity, objective territorial, protective jurisdiction, sovereign immunity, territorial
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