The Process of Extraterritorial Application in Comparative Perspective and Its Limiting Mechanisms
The construction of a system for the extraterritorial application of national laws is an important means of integrating the rule of law at the national level with the rule of law in relation to foreign affairs,and as it relates to the spatial scope of sovereignty and State power,as well as the effectiveness of global governance,it is important that its reasonable boundaries should be clearly defined.The extraterritorial application of United States law is unilateral and hegemonic,and most of the restrictive measures come from the well-developed and effective mechanisms of domestic law,which,to a certain extent,prevent the excessive exercise of extraterritorial jurisdiction.The extraterritorial application of EU law is more cautious,with international law as the main restriction,but still seeks an expansive interpretation on the basis of compliance with customary international law jurisdictional standards.By comparing the operational status quo and existing restriction modes of the United States and EU extraterritorial application systems,analysing their underlying logical structure,exploring the application channels of the sovereignty restriction mechanism and the principle of proportionality,and innovating the two-step test scheme for judging the legitimacy of extraterritorial application,it will help to achieve the lawfulness,reasonableness,and effectiveness of the design of China's extraterritorial application of the law.
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维普
