Research On The Application Of Extraterritorial Jurisdiction

Faced with the challenges raised from international antitrust cases under the background of economic globalization,sovereign states and separate customs have adopted the effects doctrine and have started to apply their antitrust laws to extraterritorial cases.No doubt that such kind of extraterritorial application does good to protect the competition system of a state's inner market.However,when a case related many states occurred,according to the effects doctrine,all of these states are able to exercise jurisdiction toward the case,which will lead to conflicts of laws and jurisdictions among these nations.To solve these conflicts,the international community has had many practices,of all the practices,international cooperation has played an important role.Based on the members of the participant,international cooperation can be separated into bilateral and multilateral forms.Usually,the former can be achieved through bilateral agreements,while the latter can be established on multilateral arrangements,such as common market,uniform antitrust laws and so forth.Through a comparative analysis,the author of this article considers that a uniform policy reached by the members of the international community is the best as well as the hardest way to the overall settlement of conflicts caused by extraterritorial application of antitrust laws.Fortunately,the uniform practices executed by WTO and UNCTAD,though failed,can provide us some references on how to crack this hard nut.What's more,the global administrative law theory,lately presented by legal professors from New York University,which focus on the administration of world affairs may offer possibilities to the solutionof the problems above.