International jurisdiction law

This chapter provides an overview of the “territorialization of the extraterritorial,” and suggests mechanisms to limit jurisdictional overreach. The centrality of territoriality in the law of jurisdiction has not prevented States from routinely and arguably lawfully exercising jurisdiction with undeniable extraterritorial effects. They have notably done so by means of the territorial ubiquity principle, the territorial effects principle, and the doctrine of territorial extension of domestic law. For quite some time already, these shifts have been taking place in the relatively flexible field of prescriptive jurisdiction. Recently, however, they can also be noticed in the field of enforcement jurisdiction, especially in a digital context. These shifts cast doubt on the viability of the law of jurisdiction as a set of norms providing world public order and safeguarding the peaceful co-existence of States.