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Extraterritoriality And Its Discontents: Limiting The Reach Of U.S. Law, John H. Knox

John H Knox

How far do U.S. laws reach beyond U.S. borders? Many statutes do not specify their geographic scope, instead using general terms that have no inherent limit. In construing those laws, federal courts presume that legislation applies only within the territory of the United States. The apparent simplicity of the presumption against extraterritoriality masks difficult issues, which the Supreme Court has been unable to resolve. For example, the Court has issued contradictory decisions on whether U.S. territory includes U.S. bases in other countries, on how the presumption applies to foreign actions with domestic effects, and on what evidence is necessary to …