The sovereignty of states is reflected in the notion of jurisdiction, empowering them to enact and enforce laws and regulations, and to adjudicate disputes in court. The jurisdiction of states and the exercise thereof is primarily territorial, limiting the exercise of state authority to their respective national territories except in specific situations. However, in an increasingly globalized and interconnected world, it would be hard to maintain that a state should be denied the right to exercise its sovereign powers beyond national borders when there are reasonable grounds for doing so. Consequently, the exercise of extraterritorial legislative jurisdiction has become more accepted, although it is limited to particular situations and circumstances. These have to do with the exercise of jurisdiction over nationals, vessels and aircraft registered in or pertaining to the legislating state, as well as certain activities aimed at undermining the state’s security or solvency or which constitute crimes under international law. However, in principle it is not allowed to regulate activities of foreign nationals or entities operating wholly outside the legislating state’s territory. One area where this has become increasingly prevalent is through the exercise of export controls over foreign nationals and legal persons. The United States (US) has long been engaged in the exercise of this type of extraterritorial jurisdiction and is, without doubt, the state that is most proactive in doing so. This chapter considers US extraterritorial claims with respect to its export control and sanctions legislation and explores the limits of this practice under public international law.
Professor Gill worked in both institutions we represent, namely the Netherlands Defence Academy (NLDA) and the University of Amsterdam, until his retirement and transition to emeritus professor, respectively. Terry Gill played an important role for our institutions as the dual-hatted professor for Military Law. On 1 September 2001, Terry took up his chair at the University of Amsterdam. As of 2005, he combined this with the newly set-up chair for Military Law at the Netherlands Defence Academy, gradually reducing his tenure at his alma mater, Utrecht University, until he divided his time equally between our institutions.In the meantime, academic teaching and research in the field of military law burgeoned as the world caught fire. The 9/11 terrorist attacks triggered the United States to wage the so-called 'Global War on Terror'. Besides being the first invocation of the collective self-defence mechanism pursuant to Article 5 of the NATO Treaty, Operation Enduring Freedom (the military operation against the Taliban and Al-Qaeda in Afghanistan) initiated academic and political debate about many of the topics within Terry's expertise, such as self-defence, the applicability of the Geneva Convention to (and the treatment of) unprivileged belligerents (in Guantanamo Bay), and the territorial scope of conflict (e.g. Pakistan and Somalia).The subsequent, highly controversial Operation Iraqi Freedom (the military operation against Iraq), generated both military and legal issues, ranging from jus ad bellum, jus in bello (e.g. the detainee abuse in Abu Ghraib) and the application of human rights law (e.g. the Al Jedda case before the European Court of Human Rights). As a professor at our institutions, Terry Gill has published important, and often-cited articles on all of the aforementioned issues.The above developments, also produced newor a return of oldmilitary strategies, such as counterinsurgency operations, which generate thorny legal questions to be answered by commanding officers supported by legal advisors.
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