Prescriptive Jurisdiction

In the United States

For information about Prescriptive jurisdiction in the context of international trade, click here

Worldwide Prescriptive jurisdiction

EXERCISE OF PRESCRIPTIVE JURISDICTION BY NATIONAL COURTS

This section covers the following topics:

• International Practice with Respect to Jurisdiction to Prescribe
• Constitutional Limits
• Presumption Against Extraterritoriality
• Reasonableness in Interpretation
• Interpretation Consistent with International Law

CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION TO PRESCRIBE

This section covers the following topics:

• Customary International Law Governing Jurisdiction to Prescribe
• Jurisdiction Based on Territory
• Jurisdiction Based on Effects
• Jurisdiction Based on Active Personality
• Jurisdiction Based on Passive Personality
• Jurisdiction Based on the Protective Principle
• Universal Jurisdiction

EFFECT OF FOREIGN EXERCISES OF PRESCRIPTIVE JURISDICTION

This section covers the following topics:

• Act of State Doctrine
• Foreign-State Compulsion

Prescriptive Jurisdiction and the Laws of International Trade

Prescriptive jurisdiction

Jurisdiction in Cross-Border Competition Disputes

Resources

See Also

Further Reading

• Information about Prescriptive Jurisdiction in the Encyclopedia of World Trade: from Ancient Times to the Present (Cynthia Clark Northrup)