Extraterritorial jurisdiction and the practice of Vietnamese legal provisions

Abstract

Extraterritorial jurisdiction is a concept which has been studied and applied in the legal practice of some countries for quite a long time. Along with the development of international law,the jurisdiction of a state has been determined by relying on not only the territorial connections to the state but also the other connections such as the citizenship of subjects, the behavioural influences or impacts on the state and the state sovereignty, from which the concept of extraterritorial jurisdiction is developed. The grounds for determining the extraterritorial jurisdiction, however, have caused considerable controversy. The paper offers an analysis of the connections determining the extraterritorial jurisdiction of a state under international law and relates it to the practice of Vietnamese legal provisions to clarify the changes of the current law of Vietnam in defining national jurisdiction.