Theoretical Basis of Extraterritorial Jurisdiction of State in Public International Law Perspective

Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), judicial) adjudicative) and executive. Legitimacy of these jurisdictions depends on historical, philosophical and conceptual view to jurisdiction in public international law. We can gather pro and anti views to the legitimacy of extraterritorial jurisdiction in academic legal texts. However advocates of extraterritorial jurisdiction don’t deny the undesired consequences of this jurisdiction. So it is important that we find a proper solution for problems of extraterritorial jurisdiction. It is suggested that ‘Extraterritorial international jurisdiction’ and ‘modified universal jurisdiction’ can play a role instead of extraterritorial legislative jurisdiction and ‘transnational law’ and ‘mutual legal guarantee’ can play a role instead of extraterritorial judicial jurisdiction.