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

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: June 9, 2014

Abstract

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

Suggested Citation

Paust, Jordan J., Federal Jurisdiction Over Extraterritorial Acts of Terrorism and Nonimmunity for Foreign Violators of International Law Under the FISA and the Act of State Doctrine (June 9, 2014). 23 Virginia Journal of International Law 191 (1983); U of Houston Law Center No. 2014-A-29. Available at SSRN: https://ssrn.com/abstract=2447724

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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