Extraterritorial U.S. sanctions: only domestic courts could effectively curb the enforcement of U.S. law abroad

In: SWP Comment, Band 5/2019

Abstract

The long reach of U.S. law affects persons, property, and acts around the world. In trying to shield EU-based individuals and entities with commercial interests from its adverse impact, European policy-makers have recently been exposed as more or less helpless. In order to pursue their strategic objectives more effectively, Europeans must not only focus on increasing strategic autonomy vis-à-vis the U.S. government. Absent a diplomatic agreement with the executive branch, they must also better uti­lize available channels of influence. One potential avenue would be to substantially support EU-based companies in domestic courts -both diplomatically as well as fi­nan­cially- in order to challenge the executive branch when enforcing U.S. law beyond borders. Only the judicial branch can effectively curb the extraterritorial application of U.S. jurisdiction. (author's abstract)