The Trump Effect: Assertive Foreign Policy Through Extraterritorial Application of Laws

Abstract

What will the world look like following trade wars and the collapse of multilateralism? The answer might include an increasing use of ex-traterritorial application of laws. One of the ways the Trump Administration has impacted global dispute resolution is through endorsing and espousing a return of unilateralism, which manifests itself through the extraterritoriality of laws. This Essay explains this approach and assesses resulting legal challenges. Part I briefly discusses the Trump Administration’s increasing departure from transnationalism, coupled with a similar departure on a global scale. Part II investigates how this approach will lead to the expansion of extraterritorial laws. Finally, Part III presents a case study of the impact of economic sanctions on global dispute resolution.

Keywords: Exterritoriality, International Dispute Resolution, the Trump Effect