Extraterritorial application of American law after the Insurance Antitrust case: a reply to Professors Lowenfeld and Trimble

Article Abstract:

International law professors Andreas Lowenfeld and Phillip Trimble, in commenting on the 1993 Supreme Court Hartford extraterritoriality decision, overlooked issues raised by the 1991 Aramco decision and the role of comity. Aramco, which held US legislation only applies within the US, contradicts the Hartford holding applying the Sherman Act to non-US conduct. Moreover, Trimble, while opposing judicially-imposed limits on the reach of US law, fails to recognize that judges, absent a clear signal from Congress, cannot automatically apply US statutes in the area of international law. However, Hartford's ruling can be defended because it includes an intended effects test.

Criticism and interpretation, international, Lowenfeld, Andreas, Trimble, Phillip

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Vestiges of Beale: extraterritorial application of American law

Article Abstract:

The US Supreme Court, in EEOC v Arabian American Oil Co, has made a broad interpretation of the presumption of extraterritoriality which while intended to eliminate inconsistencies, merely restored a 19th century interpretation. This interpretation, based on Joseph Beale's 'Treatise on Conflict of Laws', has been invalidated by case law and changes in international relations during the intervening years. Viable alternatives include congressional action or implementation of a better judicial standard.

Laws, regulations and rules

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The extraterritorial reach of the criminal provisions of U.S. antitrust laws

Article Abstract:

The US Court of Appeals for the 1st Circuit ruled, in United States v. Nippon Paper Industries, that the criminal provisions of US antitrust laws were applicable to foreign defendants whose alleged violations took place entirely abroad. The Court thus extended extraterritorial jurisdiction, long applied to civil violations of US antitrust laws, to criminal violations as well. This ruling is likely to incite international conflict and yield to a reasonableness test for extraterritoriality.

United States, Case Note, Criminal law

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