Extraterritorial Jurisdiction
Extraterritorial jurisdiction involves the extension of national laws beyond
traditional geographic boundaries of the sovereignty. It has been
suggested that there are five theories of international law upon which extraterritorial
jurisdiction can be based.14 Briefly stated, the theories are as
follows. In the territorial theory, jurisdiction is determined by reference to
the place where the act is committed. The nationality theory of jurisdiction
is determined by reference to the nationality or national character of the
person committing the act. The protective theory of jurisdiction is determined
by reference to the national interest injured by the act, while the
universality theory of jurisdiction is determined by reference to the custody
of the person committing the act. Finally, in the passive personality theory,
jurisdiction is determined by reference to the nationality or national character
of the person injured by the act.