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216.73.216.134
216.73.216.134
Extraterritorial Application of Domestic Law in Asia: Adopting to a “New” Reality
( Sungjin Kang )
DOI 10.36532/ABL.2025.36.75

We are seeing more and more laws apply extraterritorially around the world. Extraterritorial application of domestic law started with the US’ application of antitrust law since 1945. Since then, there have been some areas where the governments reached consensus that extraterritorial application may be justified, including competition law, anti-bribery, privacy or export control, which affect Asian governments and companies. However, international community still takes “bipolar” mindset on extraterritorial application of domestic law. On the one hand, they consider that extraterritorial application should be justified as a means to protect their domestic constituents, while they want to “block” extraterritorial application of other countries. In addition, because of the existence of big tech companies with transnational business operations, regulation of such big tech companies requires governments to consider extraterritorial application of their domestic law in one way or another. In this regard, it may be time to ask questions of whether the international law must maintain “negative” or “reserved” views on extraterritorial application of their domestic law. In this regard, the author is of the view that jurisdictions such as the European Union adopts their laws which may apply the whole world, while imposing compliance obligations to “importers” may be paradoxical. Instead, international community may have to consider that the extraterritorial application of domestic law as a “reality” and develop means to control “overreach” and “power politics” in order to control stronger countries imposing their own laws unilaterally..

Ⅰ. Introduction
Ⅱ. Extraterritorial Application of Domestic Law - Traditional Views
Ⅲ. Extraterritorial Applications of Domestic Laws
Ⅳ. Need for International Arrangements Governing Extraterritorial Application
Ⅴ. Conclusion
[자료제공 : 네이버학술정보]
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