A Study On The Legal Issues Of Non Jurisdictional Exercise In International Law

Jurisdiction is one of the basic rights of a sovereign state,and its establishment is a direct manifestation of the state’s exercise of sovereignty over its territory and its own nationals.The precise division of jurisdiction over certain issues between countries is an issue that must be considered in international law,so as to safeguard the independence and sovereign equality of a country.However,when exercising jurisdiction,countries are no longer satisfied to limit the scope to the domain.Today,with the increasing frequency of national exchanges and increasing transnational activities,especially in recent years,the continuous advancement of the "Belt and Road" initiative and the proposal of the"Community of Shared Future for Mankind" have led to The phenomenon of exercising jurisdiction outside the territory is becoming more and more common.International law also does not explicitly prohibit the exercise of such extraterritorial jurisdiction,and there is no universal international convention to regulate the scope of international jurisdiction and its exercising conditions.In traditional international law,there are also personal jurisdiction,protective jurisdiction and other jurisdictions as its jurisdiction.Basis for exercise.Therefore,more and more countries are beginning to exercise their jurisdiction outside the territory,especially in large countries such as the United States.The focus of the question of the exercise of jurisdiction outside the territory is not whether it can be exercised,the key is to grasp the reasonableness of the exercise.Because of the lack of international uniform regulation,if the extraterritorial jurisdiction is not restricted,it is easy to cause excessive jurisdiction.Nowadays,there are not a few countries with excessive jurisdiction in the world.France,Germany,etc.have stipulated excessive jurisdiction clauses in their domestic legislation.The "long-arm jurisdiction" of the United States is a typical example of the excessively extraterritorial exercise of jurisdiction.In recent years,the United States has used its "long-arm jurisdiction" to impose sanctions on Chinese subjects.The United States’ "long-arm" actions have blatantly violated international law,caused serious harm to our country,and also caused damage to the international order.Through the analysis of the necessity of moderate extraterritorial exercise of jurisdiction and the illegality of excessive exercise,it should be clear that the extraterritorial exercise of jurisdiction must not exceed the necessary limits,must abide by the basic principles of respect for the sovereignty of other countries,must not violate international law,and must not interfere in the internal affairs of other countries.At the same time,it is necessary to prevent excessive jurisdiction in the process of reasonable exercise of extraterritorial jurisdiction,and to implement international laws and regulations.Under a unilateral framework,countries should actively exercise their legal legislative jurisdiction,judicial jurisdiction and law enforcement jurisdiction.Respond to the excessive jurisdiction of other countries.At the same time,it is restricted through international treaties and related dispute resolution mechanisms under bilateral and multilateral frameworks.