​Domestic Laws with Effect in Foreign Jurisdictions

In October 2020 a case was brought in a US federal court in Washington DC against Crown Prince Mohammed bin Salman of Saudi Arabia in respect of the Crown Prince’s alleged involvement in the murder of the journalist Jamal Kashoggi in Turkey in 2018. The case was brought in part under the Alien Torts Statute (ATS) that dates from 1789. ATS enables action in US courts against civil wrongs inflicted on non-US citizens outside the US. The ATS is a rare example of a law that specifically provides for effect outside the borders of the country making the law. In general, there is a very long-established presumption on both sides of the Atlantic against ‘extraterritoriality’. This blog looks at that presumption and what is changing it.

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