extrajurisdictionality

20:35 May 27, 2003 

...an anderer Stelle (http://www.ciesin.org/docs/008-061/008-061.html):

"What is extrajurisdictionality?

Because the core of its decision rests on the concept of extrajurisdictionality, one might think that the GATT panel---in inventing the term---would have paused to define it. Since the panel did not, one can only induce from context that "extrajurisdictionality" means a law concerning activities that occur outside one's country.[41] Whether the term covers a law applying simultaneously to domestic and non-domestic activities remains unclear.[42] Also unclear is the exact boundary of a "domestic" or "jurisdictional" objective.[43]

One thing that extrajurisdictionality does not mean is extraterritoriality.[44] Extraterritorial laws impose domestic standards on transactions occurring in foreign countries. For example, the recent decision by the administration of President George Bush to apply U.S. antitrust law to Japanese companies in Japan is an application of extraterritoriality. In addition, laws that regulate foreign use of domestic-origin goods or the behavior of domestic corporations abroad are extraterritorial.[45] Although the Tuna-Dolphin panel did not confuse the two issues, "extraterritoriality" is commonly misused to describe standards or conditions for voluntary commerce.[46]"

Demnach d�rfte die "extraterritoriale Gerichtsbarkeit" ausscheiden, oder?