William S. Dodge (University of California, Davis – School of Law) has posted Extraterritoriality of Statutes and Regulations (Research Handbook on Extraterritoriality in International Law (Austen Parrish & Cedric Ryngaert eds, Elgar Publishing, Forthcoming 2022) on SSRN. Here is the abstract:
This chapter addresses the extraterritoriality of statutes and regulations, which is to say law that is made by the legislative and administrative organs of states. In common law systems, judges also make law. But courts typically determine the applicability of common law rules as a question of choice of law (private international law) rather than extraterritoriality.
This chapter focuses on the United States and the European Union. The United States has a long history of extraterritorial regulation. The US approach to determining the geographic scope of statutes is well-developed and relies primarily on domestic rules of statutory interpretation rather than on customary international law. European nations have often been on the receiving end of US extraterritoriality and have sometimes vigorously opposed such regulation. Today, however, the EU has itself become an important global regulator and actively applies it laws extraterritorially in many fields. In comparison to the US approach, the EU gives more prominence to customary international law. Customary international law, however, permits a great deal of extraterritorial regulation. Within the limits of customary international law, the EU approach is less well-developed and is just beginning to address some of the questions that the United States has dealt with for years.
Recommended.