Ali Laidi who wrote the masterpiece essay “American Extraterritorial Legislation” laid bare the intent of America using her law as a geoeconomics toolkit. He went on to describe America as “The greatest legal-economic warrior of the current age”. Put it simply it is business warfare using geoeconomics tools. Here is broad stroke in my canvass:
Before that, let me give some notion as regards to what is implied as extraterritorial jurisdiction. It basically means competence of a Government to make, apply and enforce rules of conduct in respect of persons, property or events beyond its territory. Ordinarily, this type of competence be exercised by way of prescription, adjudication or enforcement. For every intent & purposes this measure allows the use of strong arm tactics within or outside the borders of a country. United States has plethora of legislation in this category.
The following are few ways how such competence is in fact exercised in US legislation:
1. Prohibition of Corruption and Money Laundering: The US Foreign Corrupt Practices Act (FCPA) which became law in 1977, enables America to prosecute people suspected of bribery or corruption practices even of these are committed outside the jurisdiction of USA.
2. Arms Export Control Act (AECA): This 1976 legislation provides broad extraterritorial authority to regulate U.S. controlled goods and technology, wherever they may be exported to. Put it other way provides undiluted authority to control the import and export of defence articles and services where US inputs by way of technology or IPR is traced even mildly.
3. Export Administration Act (EAA): This piece of legislation adopted in 1979 provides legal authority to the President to control U.S. exports for reasons of national security, foreign policy, and/or short supply.
Broadly all these legal pieces give power and authority to America by way of suo motto or under various treaties where she is signatory to force other nations to comply with the provisions of these Acts, citing international human rights violations, freedom of navigation, threats to aviation and maritime safety and other matters of international concerns that affect America in particular and the West in general, negatively.
Ali Laidi sums up the entirety of this geoeconomics toolbox thus: “American Legislation, an Excellent Weapon of Economic Warfare”. His paper can be downloaded from:
https://www.berghahnjournals.com/view/journals/theoria/68/166/th6816605.xml
Cheers!
Muthu Ashraff Rajulu
Business Strategist
Mobile: + 94 777 265677
E-mail: cosmicgems@gmail.com
Blog: Business Strategist
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