Extraterritoriale Terrorismusbekämpfung

The events of September 11, 2001 have triggered a »global war on terror«. One of its hallmarks is to fight terrorism beyond State borders. This study examines the limits of such extraterritorial action and its effects on the rules of jurisdiction in international law. The question of extraterritorial jurisdiction has hitherto been confined to international economic law and international environmental law. This study opens up a novel dimension to one of the fundamental questions of international law. Using two case studies, the author outlines a new development of States more readily recognizing extensive claims to prescriptive jurisdiction where these are justified on grounds of fighting international terrorism. The first case study concerns the demand by US authorities on European and other foreign airlines to provide Passenger Name Record (PNR) data and to allow access to computer systems outside the United States. The second one pertains to the Proliferation Security Initiative (PSI), which provides the framework for the interdiction of weapons of mass destruction at sea. Finally, the author argues that any extension of extraterritorial jurisdiction should be accompanied by the extraterritorial application of human rights instruments.