Non-Extraterritoriality of 'Special Territorial Jurisdiction' of the United States: Forgotten History and the Errors of Erdos
25 Pages Posted: 11 Jun 2014
Date Written: 1999
This article addresses the preferable non-extraterritoriality of “special territorial jurisdiction” of the U.S. under 18 U.S.C. § 7(3). A split exists in U.S. circuits that should be resolved by attention to the actual history of the statutory provision that is documented in this article, especially why the word “state” means state within the U.S. and not a foreign state. The Second Circuit in United States v. Gatlin made the correct decision in 2000, citing this study. The article also pays attention to tests concerning extraterritoriality and why U.S. embassies and military bases abroad are on foreign territory and are not within U.S. territorial jurisdiction under international law (which is a necessary background for interpretation of any federal statute under the Charming Betsy rule).
Keywords: Cory, embassy, Erdos, extraterritorial, federal jurisdiction, federal statute, Gatlin, international law, jurisdiction, legislative history, military base, Section 7(3), special territorial, state, territorial jurisdiction
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