Exercising Extraterritorial Jurisdiction based on the Doctrine of Effects in International Law

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MOHEBI MOHSEN; SAFAEI ABDOL HOSSEIN

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Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:9 | Issue:2 Page(s): 829-849

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Title

Exercising Extraterritorial Jurisdiction based on the Doctrine of Effects in International Law

Author(s)

MOHEBI MOHSEN | SAFAEI ABDOL HOSSEIN | Issue Writer Certificate

Keywords

JurisdictionQ1

Territorial JurisdictionQ2

Extraterritorial JurisdictionQ1

and Doctrine of EffectQ1

Abstract

The “ doctrine of effects” is one of the new representations of extraterritorial Jurisdiction in the field of prescriptive or legislative Jurisdiction. This doctrine can be briefly defined as the concept of “ the ability and authority of a State in exercising Jurisdiction against the foreigners‟ conduct committed outside the country which produces effects within the territory of the State exercising Jurisdiction. Some have recognized this theory as a branch of the territorial Jurisdiction and, an expansion of territorial Jurisdiction principle. However, others have justified it within the frame of other Jurisdictional principles such as real or universal Jurisdiction. In this article, the definition, concept, and trend of historical change of this doctrine are initially presented. Subsequently, the essence, status, bases, and conditions of exercising Jurisdiction based on the doctrine of effects in international law are investigated. The findings of the researchers indicated that first; with respect to the fundamental difference between the doctrine of effects and other Jurisdictional bases of the international law, it seems logical to take this doctrine, despite its closeness to principles of objective territorial Jurisdiction and the real Jurisdiction, into account as one of the new and independent Jurisdictional bases of international law in exercising the extraterritorial Jurisdiction of the states, second; exercising Jurisdiction according to this doctrine depends on the realization of effect, and acquisition of particular bases and conditions such as “ independent” , “ fundamental” , “ predictability” , and “ effect” .

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APA: Copy

MOHEBI, MOHSEN, & SAFAEI, ABDOL HOSSEIN. (2019). Exercising Extraterritorial Jurisdiction based on the Doctrine of Effects in International Law. COMPARATIVE LAW REVIEW, 9(2 ), 829-849. SID. https://sid.ir/paper/246386/en

Vancouver: Copy

MOHEBI MOHSEN, SAFAEI ABDOL HOSSEIN. Exercising Extraterritorial Jurisdiction based on the Doctrine of Effects in International Law. COMPARATIVE LAW REVIEW[Internet]. 2019;9(2 ):829-849. Available from: https://sid.ir/paper/246386/en

IEEE: Copy

MOHSEN MOHEBI, and ABDOL HOSSEIN SAFAEI, “Exercising Extraterritorial Jurisdiction based on the Doctrine of Effects in International Law,” COMPARATIVE LAW REVIEW, vol. 9, no. 2 , pp. 829–849, 2019, [Online]. Available: https://sid.ir/paper/246386/en

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