1987

American Law Institute

Restatement (Third) Foreign Relations Law of the United States The rules given in the Restatement are said to reflect the law as given effect by courts in the US (401) Under IL a state is subject to limitations on a) jurisdiction to prescribe, make its law applicable to the activities, relations, or status of persons, or the interest of persons in things, whether by legislation, by executive order, by administrative rule or regulation, or by determination of a court; [based on nationality & territoriality] b) jurisdiction to adjudicate, to subject persons or things to the process of its courts or administrative tribunals, whether in civil or in criminal proceedings, whether or not the state is a party to the proceedings c) jurisdiction to enforce; to induce or compel compliance or to punish non-compliance with its laws or regulations, whether through the courts or by use of executive, administrative, police, or other non-judicial action. [in practice, state sovereignty has been controlled by law, & power tempered by reasonableness]

(402) Subject to 403, a state has jurisdiction to prescribe law with respect to 1. a) conduct that, wholly or in substantial part, takes place within its territory(1); [objective & subjective] [subjective territorial principle, a state can assert jurisdiction over matter commencing in its territory even though the final element may have occurred abroad] b) the status of persons, or interest in things, present within its territory; c) conduct outside its territory that has or is intended to have substantial effect (5) within its territory; 2. the activities, interest, statues or relation of its nationals(2) outside [passive(4)] as well as within its territory; and 3. certain conduct outside its territory by persons nor its nationals that is directed against the security [protective(3)]of the state or against a limited class of other state interests. (403) Even if one of the bases for jurisdiction is present, a State may not exercises jurisdiction to prescribe law with respect to a person or activity having connections with another state when the exercise of such jurisdiction is un reasonable. (404) A state has jurisdiction to define and prescribe punishment for certain offences recognised by the community of nations as of universal (6) concern, such as piracy, slave trade, attacks on or hijacking of aircraft, genocide, war crimes, and perhaps of certain acts of terrorism even where none of the basis of jurisdiction indicated in 402, is presented