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Extraterritorial Application of National Law

Student: Kolyada Makar

Supervisor: Vladislav Starzhenetsky

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2020

The work is a complex research of extraterritorial application of various branches of domestic law. The first question studied is what the concept of extraterritorial application of domestic law is from the point of view of the theory of law and the basic principles of international law, and also the differences between the definitions of 'extraterritorial application of national law' and close in meaning definitions: 'extraterritorial effect of law' and 'extraterritorial jurisdiction'. The second question studied is conditions for extraterritorial application of foreign law, both private and public, with the examples from Russian, English, American, western Europe countries law. There is an attempt to systematize in one research the different approaches to the concept of extraterritorial application of all branches of law which can be applicated extraterritorial. That makes the work differ from the common approach, under which the extraterritorial application of each branch of law is studied separately. Also the effect of the economic sanctions is studied, which is the special variety of extraterritorial application of national law. The third question studied are the goals of the national legislator and law enforcer of the states, which apply their own domestic law extraterritorial, and also the goals of the national legislator and law enforcer of the states, which experiencing such an application on themselves. The main mechanisms used by the states for counteraction of extraterritorial application of the foreign law, are researched, including the measures enforced for blocking the effect of the economic sanctions. The researched is made from the point of view of the international business. The consequences for the businessmen, raised by extraterritorial application of national law, are studied.

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