Extraterritorial Export Controls (Secondary Boycotts)

Abstract

Some States, the United States in particular, have given their export controls and economic boycotts extraterritorial application. As a result, persons and companies in other States have been prevented from exporting to or investing in the States that are actually the targets of the boycott. It is argued that extraterritorial export controls are unlawful under international law, unless they can be justified by accepted principles of jurisdiction (territoriality, national security, nationality), or if other States acquiesce. Permissive principles should not be construed too broadly, however: jurisdiction solely based on national control of foreign corporations does not seem to be lawful, nor does jurisdiction based on perceived but largely unsubstantiated security threats.