Abstract: The application of the law of a nation often exceeds the national territory. Historically, the development of the system of extraterritorial application of US law, starting from its adoption of strict territorial jurisdiction in the 19th century, to the doctrine of "effects" in the 20th century, and to the presumption against extraterritoriality in the 21st century, has been closely connected to the change of its national power. For the extraterritorial application of US law, three conditions must be met: the law must be of foreign concern; a legal authorization must be the intent of the Congress; a real and substantial connection must exist between the US and the subject matter. In judicial practice, the abuse of extraterritorial application can be prevented by introducing the tests of "real connection" and "false conflict," as well as by the mechanism of due process. In constructing a system for the extraterritorial application of China laws, China, as an emerging power, should learn from the American experience, attach importance to legislation, and respect the principle of reasonableness in the application of this system.

Keywords: extraterritorial application; real connection; principle of reasonableness; presumption

Author: Sun Nanxiang, an associate research fellow at CASS Institute of International Law. Source: 3 (2021) Journal of Comparative Law, pp. 170-184.