Abstract
In the customary international law scheme of jurisdiction, the territoriality principle serves as the basic principle of jurisdiction. Exceptionally, however, national laws may be given extraterritorial application, provided that these laws could be justified by one of the recognized principles of extraterritorial jurisdiction under public international law: the active personality principle, the passive personality principle, the protective principle, or the universality principle. This chapter shows how continental European and common law countries exercise, to various extents, extraterritorial jurisdiction. While the active personality and the protective principles are generally deemed uncontroversial, the same cannot be said of the passive personality and the universality principles. Notably, the universality principle has gained a remarkable but contested ascendancy recently.
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