Exterritoriality in corpore: spatial limits of national law, jurisdiction, and the phenomena based on them

Traditional notions of territorial supremacy and the spatial limits of legal norms, which allowed for extraterritorial application only in isolated, strictly defined cases, are actually devalued due to the persistent desire of states to extend the scope of their national law and jurisdiction. Time has shown that issues of extraterritoriality are no longer limited to personal status and the fiction of extraterritoriality. The need to address this issue is also driven by the consequences of the rapid development of global competition, which has an extremely negative impact on foreign trade. This article aims to formulate the most comprehensive list of various practical manifestations of extraterritoriality, briefly trace the attitude of international legal doctrine towards this problem, and analyze, in light of the conducted research, the variant proposed by the UN International Law Commission for addressing the issue of exercising extraterritorial jurisdiction. The article employs analytical, deductive, inductive, historical, systemic, comparative-legal, and functional research methods. It analyzes the characteristics of the manifestation of various forms and types of extraterritoriality and attempts to assess the diversity of these manifestations in their entirety. Now, the science and practice of international law must develop approaches concerning not only the extraterritorial effect of laws but also the rights and obligations arising from them, judicial decisions, and documents. A generalized list of various instances of extraterritoriality leaves no doubt that this issue lies at the intersection of public international law and private international law. It is clear that the problem of extraterritoriality is so extensive and complex that it will require the participation of many specialists representing different legal traditions and the coordination of their efforts, most likely under the auspices of the UN International Law Commission.

immunity, international legal assistance, nationalization, territorial supremacy, documents' cross-border movement, fiction of exterritoriality, exterritoriality, extraterritoriality, jurisdiction, jurisdictional enclave