Extraterritorial Jurisdiction and Progressive Development of International Law

In this article the extension of national law by states beyond their territorial borders is examined. This issue is related to the phenomenon of extraterritorial jurisdiction. The global community has demanded the creation of a legal framework for the exercise of extraterritorial jurisdiction. Addressing this challenge requires a detailed assessment of the views on extraterritoriality accumulated over centuries. This article aims to offer a definition of extraterritorial jurisdiction and some starting points for developing progressive regulation in this area. To achieve this goal the objectives are to review research on extraterritoriality from a historical perspective in order to identify doctrinal concepts on this topic, trace the development of this issue in doctrine and formulate practical proposals for addressing emerging questions in this area. The study utilized general scientific methods (analysis and synthesis, induction, deduction, analogy, abstraction), formal legal methods and comparative legal methods. The study revealed that this issue had not been addressed within the doctrine of international public and international private law as a comprehensive phenomenon encompassing aspects of both international public and international private law. By comparing doctrinal views the author proposed a definition of the extraterritorial jurisdiction. The inadequacy of measures taken by states within their national legal systems to counter the expansion of foreign states' jurisdictional boundaries was established. In this area it is necessary to develop international legal regulation based on the fundamental principles of international law and the established limits of jurisdictional exercise by states. Practical proposals concerning jurisdictional issues in the context of extraterritoriality were formulated which can be used in the progressive development of the law on the extraterritorial jurisdiction.