The extraterritorial effects of legislation and policies in the EU and US
By: [authors: Robert Dover, Justin Frosini]
Contributors: Frosini, Justin Orlando; European Parliament. Directorate-General for External Policies of the Union. Policy Department
Series: Study; Study (European Parliament)
Publisher: European Union
Published: 2012
Place of publication: Brussels
Language: eng
Format: [electronic resource] /
Number of pages: 46
ISBN-13: 9789282337172
Subjects: Exterritoriality; American Economic sanctions; Intellectual property (International law); European Parliament; United States
Description: There is a general principle in international law that one state cannot take measures on the territory of another state by means of enforcement of national laws without the consent of the latter. It is possible--however--to observe a recent trend of a growing number of laws that aim to produce a legislative effect in third countries. The nature of the extraterritorial measures at stake and the interests involved have determined the intensity of protests against those measures, by businesses and legislators. This study explores the legal principles that sit behind extraterritoriality, and how such measures have come to be justified. It also examines how those enacting extraterritorial laws have sought to use mostly economic and diplomatic levers to seek compliance from third countries and entities registered in third countries. Finally, this study explores the impact extraterritoriality has had on the businesses and governments affected by it and outlines the defensive measures that can be taken to protect against the reach of such laws.
Notes: At head of title: European Parliament, Directorate-General for External Policies of the Union, Directorate B, Policy Department.

"May 2012."

"EXPO/B/DEVE/FWC/2009-01/Lot3/03."

"PE 433.701."
Table of contents: title: Table of contents; title: Executive summary; title: 1. Scope of the study and key definitions; title: 1.1. General rule; title: 1.2. Civil law; title: 1.3. Criminal law; title: 1.4. Territorial principle; title: 1.5. Nationality principle; title: 1.6. Protective principle; title: 1.7. Universality principle; title: 1.8. Passive nationality principle; title: 1.9. Anti-trust law; title: 1.10. Human rights and humanitarian law; title: 1.11. WTO law; title: 1.12. Securities law; title: 1.13. Extraterritoriality in federal states; title: 2. Case studies; title: 2.1. EU Emissions Trading Scheme, Directive 2008/101/EC; title: 2.1.1. Background of the Measure; title: 2.1.2. Legal Standards and Extraterritorial Reach; title: 2.1.3. Authorities Enforcing the Measure and Penalties for Violations; title: 2.1.4. Unsuccessful Challenge of the Measure in the ECJ; title: 2.2. US legislation on 100% cargo scanning; title: 2.2.1. Scope of the Measure; title: 2.2.2. Implementation of 100% Container Scanning; title: 2.2.3. Extraterritorial Implications of the Measure; title: 2.3. US PNR legislation; title: 2.3.1. Background and Scope of the Measure; title: 2.3.2. US-EU PNR Agreement; title: 2.4. Helms-Burton Act; title: 2.4.1. Background of the Helms-Burton Act; title: 2.4.2. Legal Standards and Extraterritorial Reach; title: 2.4.3. Reactions to the Helms-Burton Act; title: 2.5. Sarbanes-Oxley Act 2002 (SOX); title: 2.5.1. Background of the SOX; title: 2.5.2. Authorities Enforcing the SOX; title: 2.5.3. Legal Standards and Extraterritorial Reach; title: 2.5.4. Penalties and Additional Measures Taken for SOX Violations; title: 2.6. Foreign Corrupt Practices Act 1977 (FCPA); title: 2.6.1. Background of the FCPA; title: 2.6.2. Legal Standards and Extraterritorial Reach of the FCPA; title: 2.6.3. Penalties and Additional Measures Taken for FCPA Violations; title: 2.6.4. Authorities Enforcing FCPA Offenses; title: 3. US sanctions architecture and Iran; title: Context Point; title: 3.1. Iran-Libya Sanctions Act (amended in 2006 to the Iran Sanctions Act); title: 3.1.1. Legal Framework and Application; title: 3.1.2. The Impact of the ISA; title: 3.2. Iran Freedom Support Act (extending the provisions of ILSA until 2011); title: 3.2.1. The IFSA applied; title: 3.2.2. Legislative developments; title: 3.3. Iran Non-Proliferation Act (INPA) signed 2000; title: 3.3.1. The application and impact of INPA; title: 4. The protection of intellectual property on the Internet; title: 4.1. Protect IP Act (PIPA) Senate Bill 968, introduced 12 May 2011; title: 4.1.1. Development and Commentary; title: 4.1.2. Technical Impacts; title: 4.2. Stop Online Piracy Act (SOPA) House Bill 3261 introduced 26 October 2011; title: 4.2.1. Legal Application; title: 4.2.2. Reactions to the Bill; title: 4.3. Online Protection and Enforcement of Digital Trade Act (Open Act), Senate Bill introduced 17 December 2011; title: 4.3.1. Legal Application and Impact; title: 5. Conclusions and recommendations; title: Appendix 1; title: Bibliography.