In recent decades, the acceleration of two international trends-nationalism and economic interdependence-has heightened the ancient problem of extraterritorial prescriptive jurisdiction, or to what extent states may apply their laws outside their borders. Economic interdependence has prompted states to regulate transactions occurring outside their borders, but states with concurrent jurisdiction over the same matters have often resisted these assertions of extraterritorial jurisdiction on the grounds of territorial sovereignty. European states, for example, have vociferously protested the extraterritorial provisions of the Reagan administration's pipeline regulations and the recent Cuban embargo legislation, known as the Helms-Burton Act. The existence of such tension creates a temptation to fashion a legal regime that would govern conflicts of jurisdiction between states.
David B. Massey,
How the American Law Institute Influences Customary Law: The Reasonableness Requirement of the Restatement of Foreign Relations Law,
Yale J. Int'l L.
Available at: http://digitalcommons.law.yale.edu/yjil/vol22/iss2/7