Research On Extraterritorial Jurisdiction In The Economy Sphere

By analyzing the act of Extraterritorial Jurisdiction in the economic sphere, especially in the field of antitrust and multi-company, the text draws the conclusion that the exercise of the extraterritorial in the international economy is unilateral and imposing. The traditional rules of jurisdiction have been seriously challenged. The act seems to be contrary to the International Law, and does more hurt to the economy of the developing nations and world. Only when we absorb the advanced experience and make our own legislation or rules, as well as join in the international coordination, can we keep our mind clear in the complex economic world.The author divided the paper into five parts to seek the nature of the extraterritorial jurisdiction, from the point of the view of the economic sphere.Part One refers to the issue——What the Problem is. It mainly introduces the connotation of the extraterritorial jurisdiction. With the state of being sovereign, the jurisdiction issue exists following the notion of sovereignty. In other words, the nature of sovereignty is"jurisdiction", and the nature of"jurisdiction"is"what the nation can do"Because the enforcement jurisdiction is strictly constrained in the territory, It is on prescriptive aspect of jurisdiction that this essay will concentrate. A State has the economic sovereignty, and economic jurisdiction, which may be exercised outside the nation. There are several reasons that states enlarge their jurisdiction, and the phenomenon is more and more popular.With the globalization of economic relations, there are growing incongruity between the classical rules of jurisdiction and the extraterritorial jurisdiction. Here plenty of issues float.In Part Two the author observes a series of specific economic field, where the developed countries exercise extra-territorial jurisdiction. Most of the acts are done by the United States, and based on the controversial"effects doctrine". It happens that the issues of extra-territorial application of domestic...