Extraterritorial jurisdiction and the limits of customary international law

This chapter considers the rules of public international law concerning extraterritorial jurisdiction through the prism of customary international law. It first surveys some of the early positions, dating back to the beginning of the twentieth century, including those expressed by the Permanent Court of International Justice in the Lotus case. Light is then thrown upon various efforts (both private and intergovernmental) at codification of the international law on extraterritorial jurisdiction. The chapter next describes how to determine the rules of customary international law concerning extraterritorial jurisdiction, suggesting that this should be done by applying the standard methodology as it emerges from the case-law of the International Court of Justice and as it was described by the International Law Commission. In so doing, it points to particular evidence that may be of relevance, particularly in the practice of States. Finally, the chapter looks to the future.