What is extraterritorial application of law?
Extraterritorial application of law (extraterritoriality) is the competence of a State to apply its laws to foreign entities in relation to their, often purely foreign, conduct. It is a reasonably new phenomenon slowly embraced by the leading jurisdictions in the last few decades.
Does UK Bribery Act have extraterritorial reach?
The UK Bribery Act will have a significant impact on many foreign companies when it comes into force in July 2011 because of its extra-territorial reach. It is worth noting that the Bribery Act is wider than the FCPA in some respects so an FCPA-compliant company may not be Bribery Act-compliant.
Can you be prosecuted in UK for crime abroad?
Article 44 of the Istanbul Convention requires domestic law to be able to prosecute relevant offences when committed outside the UK by a UK national or resident. As with all criminal offences, however, the decision to prosecute would be a matter for the relevant prosecuting authority.
What is extraterritorial regulation?
US extraterritorial laws prohibiting corruption and money laundering. The US Foreign Corrupt Practices Act (FCPA) became law in 1977, enabling US authorities to prosecute people suspected of bribery of foreign public funds, even if the offences were committed outside of the US.
What is extraterritorial effect?
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. Sometimes such laws only apply to nationals of that country, and sometimes they may apply to anyone.
What does the word extraterritorial mean?
: existing or taking place outside the territorial limits of a jurisdiction.
What is jurisdiction in UK law?
The law is quite complex but in simple terms the courts in England and Wales have jurisdiction to try British citizens for offences committed on UK ships in the ‘high seas’ or in ‘any foreign port of harbour’ or committed ‘on any foreign ship to which he does not belong’.
What happens if a British citizen commits a crime in another country?
If an individual commits a criminal act abroad, they can be extradited back to the UK from one of the following: Countries which operate under the European Arrest Warrant (EAW) Scheme. Countries where there is an extradition arrangement with the UK.
What are the challenges of extraterritorial jurisdiction?
The challenges of such regulation are related to features such as the general definition of the criminal liability of legal entities, the territorial application of criminal legislation, protection of the accused, definition of the civil liability for damages, functionality of legal redress, and territorial limitations …
Who gave British extraterritorial privileges in China?
The agreement was augmented the following year by the British Supplementary Treaty of the Bogue (Humen; October 8, 1843), which granted British citizens in China extraterritorial rights, by which they were to be under the control of their own consuls and were not subject to Chinese law.
What does extraterritorial effect mean?
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called something like “claimed ETJ”.
What is extra territorial Offence?
Definition- A particular crime is considered to be extra territorial in nature when it happens in a particular country but the trial takes place in some other country. Now Section 3 and 4 of IPC deals with extra territorial jurisdiction. Illustration- B, a citizen of India, commits a murder in London.
When does the UK have extraterritorial jurisdiction over an offence?
The UK already has extraterritorial jurisdiction over offences which cover some of the criminal conduct set out in the Istanbul Convention, such as forced marriage and sexual offences where the victim of the offence is under 18.
When to consider extraterritorial application of WHS laws?
The extraterritorial operation of the WHS laws has not yet been judicially considered and issues may arise as to whether the necessary jurisdictional nexus can, in fact, be established in circumstances involving offences committed in relation to overseas workers.
Is there extraterritorial jurisdiction in Northern Ireland?
Together with provisions in the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 – which introduces a new domestic abuse offence in Northern Ireland with similar provision for extraterritorial jurisdiction – the provisions in this Act will satisfy throughout the UK the jurisdiction requirements of Article 44.
Are there any laws to prevent extraterritorial operation?
Generally, the jurisdictions have chosen not to address this issue within the WHS Laws itself, however, some specific provisions directly or indirectly give or exclude extraterritorial operation.