Reflection and Reconstruction for Rules of International Law of Extraterritorial Legislative Jurisdiction
It is of great significance to safeguard national interests to promote the effectiven-ess of a country's laws on extraterritorial matters within the permissible limits of international law.Regarding the rules of international law on extraterritorial legislative jurisdiction,the doc-trine of"permit if international law does not prohibit"contradicts the principle of sovereign equa-lity of states,violates the development trend of international human rights law and easily leads to conflicts of extraterritorial legislative jurisdiction between states.At present,the doctrine of"pro-hibit if international law does not permit"widely followed in the world has problems that it is dif-ficult to adapt to the pace of development in the era of digital economy and the boundary of per-missibility legislative principle is unclear,and it does not reasonably restrict the extraterritorial legislation that meets the connection point.Based on the reconstruction of the doctrine of"pro-hibit if international law does not permit",the"amended prohibition doctrine"is proposed.Ex-traterritorial matters conform to a certain permissibility legislative principle and have a"genuine connection",only a country can exercise extraterritorial legislative jurisdiction.In order to pre-vent the excessive of extraterritorial legislative jurisdiction,the principle of rationality should be regarded as the restrictive principle of extraterritorial legislative jurisdiction.
Extraterritorial Legislative JurisdictionAmended Prohibition DoctrinePrin-ciple of Genuine ConnectionPrinciple of Rationality
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