EXTRATERRITORIAL JURISDICTION-WARNING: SECOND CIRCUIT BREAKS WITH SUPREME COURT TREND FOR STRICTER PRESUMPTION AGAINST EXTRATERRITORIALITY

摘要

"[L] EGISLATION OF CONGRESS, unless a contrary in-tent appears, is meant to apply only within the territorial jurisdiction of the United States"-"a longstanding principle of American law."1 Known as the presumption against extraterritoriality, this canon of construction protects "against unintended clashes between [laws of the United States] and those of other nations which could result in international discord."2 Accordingly, the presumption aids the judiciary's interpretation of Congress's intention.3 This shields the United States from foreign policy consequences-unintended and unexpected by the other branches-that may result from an interpretation flaw.4