At the moment the Centre of Research 2019 of the Hague Academy of International Law (from August 19 to September 6, 2019) is taking place at the Hague Academy of International Law.

Theme of research this year: Extraterritoriality.

The question of extraterritoriality requires the examination, at a very general level, of the allocation of power among States. More specifically, it requires consideration of the factors that are likely (or not) to justify the extraterritorial scope of state action, particularly in areas involving transnational movements and flows (cybersecurity and cyber defense, human rights, migration, global cartels, global capital markets ...). The members of the 2019 Center will be able to conduct research on the character and limits of a State’s territorial jurisdiction, the traditional connecting factors linking a State’s authority to situations arising outside its borders, and the possibility of “extraterritorial regimes” in certain areas. They will also study conflicts of jurisdiction—judicial, legislative and / or enforcement—that may give rise to claims of extraterritoriality, as well as ways to prevent or resolve such conflicts. The question of the extraterritorial scope of international obligations will also be addressed. Lastly, a historical overview of the notion of extraterritoriality will enable us to place it within the context of international law’s development. In the course of our work, and with respect to all topics, we will emphasize concrete examples of extraterritorial action (national or international decisions, state practices, agreements, etc.).

Directors of Research:

Prof. Hannah BUXBAUM (Indiana University Maurer School of Law)

Prof. Thibaut FLEURY GRAFF (University of Rennes 1)

The directors of research of the 2019 Centre have invited applications from researchers including students in the final phase of their doctoral studies; holders of advanced degrees in law, political science, or other related disciplines; early-stage professors and legal practitioners. Applicants have identified a specific topic on which they intend to write, either drawn from the issues outlined above or on some other issue related to extraterritoriality. Participants have been selected during the spring of 2019, and will convene at The Hague from August 19 to September 6, 2019, to finalize their papers. The best papers will be included in a book on extraterritoriality to be published the following fall.

The Centre for Studies and Research in International Law and International Relations is designed to bring together young international lawyers of a high standard from all over the world, to undertake original research on a common general theme which is determined each year by the Curatorium of the Academy. The research undertaken during the Centre is included in a collective work published by the Academy. Previous centre publications until 2016 are online available in this database, published by Brill.

Extraterritorial jurisdiction is the situation when a state extends its legal power beyond its territorial boundaries. Examples include where a state maintains jurisdiction over its citizens when they are overseas, and where certain criminal offences can be prosecuted in a state regardless of where they were committed (e.g. piracy. Extraterritorial jurisdiction and its application is one of the most hotly debated issues in the area of human rights generally, and within the area of business and human rights. (Source: National Action Plans on Business and Human Rights)

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The Peace Palace Library has prepared a selective bibliography on this topic.

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