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Myths and Misconceptions in Extraterritorial Torts

Abraham, Haim; (2024) Myths and Misconceptions in Extraterritorial Torts. University of Toronto Law Journal (In press).

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Abstract

States’ ability to impose liability for extraterritorial torts is often structured to avoid an illegitimate assertion of authority by one state over another. However, the resulting liability regimes are inconsistent and difficult to justify. In this paper, I argue that limitations of liability in this context have been based on misconceptions about abuse of power. I employ instrumental and rights-based approaches to states’ authority to demarcate a coherent framework for states’ liability for extraterritorial torts. I show that courts can impose liability on their own state and officials for extraterritorial torts as authority is not exerted over a foreign state. Liability can also be imposed on foreign states for their extraterritorial torts through consent, a sufficient jurisdictional connection to the tort, or the establishment of universal jurisdiction by a breach of jus cogens norms. Lastly, I assert that punitive damages are generally an illegitimate form of exerting authority.

Type: Article
Title: Myths and Misconceptions in Extraterritorial Torts
Publisher version: https://www.utpjournals.press/loi/utlj
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10188079
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