Font Size: a A A

The Exploration Of American Long-Arm Jurisdiction

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z D WangFull Text:PDF
GTID:2506306128466014Subject:International law
Abstract/Summary:PDF Full Text Request
Using Long-arm Jurisdiction as a piece of shady cloth,the United States has been extending its Long-arm Jurisdiction as far as possible,has been grossly interfering in the internal affairs of other countries,has been sanctioning other countries as it wishes,and even arbitrarily overthrew many regimes,which broke the international law.The United States is a typical federal country,and each state has independent judicial power.At first,Long-Arm Jurisdiction was limited to judicial assistance in civil and administrative litigation in the United States,which can span out of state,out of province,and even out of countries.However,with the times changing,the United States is backed by military hegemony and strives to expand political hegemony,economic hegemony,and technological hegemony.The United States does its best to expand Long-Arm Jurisdiction and apply it to the criminal field,even to international independent sovereignty.This article analyzes the legal basis of long-arm jurisdiction under the AngloAmerican legal system.Based on the theory of fairness and justice of jurisprudence,the author is exploring the abuse of long-arm jurisdiction in the United States,whose purpose is to provide legal basis for American role as a world policeman,so as to use the so-called civilized legal means to snipe China Development in every way,to obstruct China ’s sinister intentions to realize the Chinese dream.The abuse of longarm jurisdiction by the United States is,in a sense,poisoning the fate of humanity community,so that developing countries in the world,especially small countries in developing countries,will always rely on the United States forever,being enslaved by American hegemonism.The long-arm jurisdiction has become a G-string for the United States,allowing the United States to intervene grossly and grossly in other countries’ internal affairs,sanction other countries as it pleases,and overthrow any arbitrary regime.From the perspective of jurisprudence,a state can only exercise jurisdiction within its territory;therefore,non-resident defendants can only be sued if they are within the state and have undergone "service procedures".The US Supreme Court maintains this principle and raises it to the level of the Federal Constitution,requiring that such jurisdiction meet the due process provisions of the US Federal Constitution.Specifically,to obtain long-arm jurisdiction,the court should meet one of the following four conditions:(1)Any business transaction in the state may be subject to personal jurisdiction;(2)Infringement in the state;(3)Ownership,using rights,or ownership of any real estate located in the state;(4)Conclusion of a contract to ensure that any person,property,or risk located in the state at the time the contract is concluded.This article starts with the roots of the long-arm jurisdiction as well as the longarm jurisdiction laws and regulations,introducing the specific content and types of the long-arm jurisdiction in the United States,and analyzes the important laws and regulations related to the long-arm jurisdiction issued by the US legislature and their impact on world peace,its negative impacts,focusing on the response strategy against the United States long-arm jurisdiction.This article includes six parts.The first chapter is the introduction,introducing the background,significance and innovation of the topic.The second chapter gives a general introduction to American long-arm jurisdiction.The specific content includes the background of U.S.long-arm jurisdiction,long-arm jurisdiction laws and regulations,and applicable principles of long-arm jurisdiction.Chapter 3 introduces the types of long-arm jurisdiction in international law,specifically elaborating from seven aspects: claiming jurisdiction based on treaties,claiming jurisdiction based on concessions,claiming jurisdiction based on passive claims,claiming jurisdiction over universal reasons,and prosecuting without dispute,prosecution for political motives,alternative prosecution or passive prosecution.Chapter 4 introduces important bills established by the US legislature concerning the abuse of long-arm jurisdiction.The analysis was carried out from four aspects: "Helms-Burton Act" and " D’AmatoKennedy Bill "," Foreign Corrupt Practices Act“FCPA”",as well as legislation about national jurisdiction immunity,and the United States specifically targeting China’s long-arm jurisdiction legislation.Chapter 5 focuses on the analysis of the countermeasures for the United States’ long-arm jurisdiction.From three major aspects,the specific coping strategies are introduced in detail: legislative standardization countermeasures,judicial judgment strategies,and countermeasures in the judicial execution stage.The final part is the conclusion.From the perspective of international law,the author proposed some thinking and prospect for the future development of long-arm jurisdiction in the world,especially in the field of international law.
Keywords/Search Tags:American Long-arm Jurisdiction, Judicial Bully, National Sovereignty Doctrine, Countermeasures
PDF Full Text Request
Related items