The discussion will focus on the status of extraterritoriality and the divergent circumstantial treatment that the Courts have given extraterritoriality in the United States. More specifically, there has been a trend that Courts are usually more comfortable applying United States law extraterritorially when issues of criminal law and national security are at stake, yet usually decide in the opposite direction when faced with the extraterritorial application of US civil law or human rights obligations.

 

The symposium will have three panels, with the first two showcasing pending litigation in SCOTUS to illustrate this point, and the third will be a scholarly discussion of this phenomenon generally.