THE REACH OF AMERICAN LAW

In: The national interest, Band 29, S. 3-10

Abstract

SCHOLARLY DEBATE HAS SWIRLED AND WILL CONTINUE TO SWIRL AROUND EXERCISES OF EXTRATERRITORIAL JURDISDICTION BY THE UNITED STATES. JUDGE ROBERT BORK EVALUATES THE ALVAREZ CASE IN RELATION TO THE NOTION THAT OUR COURTS CAN TRY A MEXICAN CITIZEN WHOM THE UNITED STATES KIDNAPPED FROM HIS OWN COUNTRY. BORK ARGUES THAT THE DECISION IS UNDOUBTEDLY CORRECT BUT RAISES THE VEXED ISSUE OF THE RESPECTIVE DUTIES OF COURTS AND THE EXECUTIVE BRANCH WITH RESPECT TO THE REACH OF U.S. LAW ABROAD. HE CONCLUDES THAT GIVEN THE NATURE OF THE PROBLEM, NO ENTIRELY SATISFACTORY RESOLUTION SEEMS POSSIBLE, AT LEAST WHERE SUCH JURISDICTION IS INVOKED BY STATES OR PRIVATE PARTIES.