The Unexplored: Direct Extraterritoriality

Chapter 5 examines whether the jurisdictional principles of international law can be used to directly protect animals abroad under the lex lata. It determines how and when states can invoke the territoriality principle, the subjective and objective territoriality principles, the personality principle, and the protective principle in the realm of animal law. By using the subjective and objective territoriality principles, states can regulate continuing offenses (e.g., improper transport or cross-border theft), cross-border crimes committed in different countries, and cross-border duties of care owed to animals. The active personality principle gives states jurisdiction over their nationals or residents when they deal with animals abroad. They can further extend their jurisdiction to multinationals operating worldwide by relying on established doctrines of company law, like piercing the corporate veil or the control theory. The author then shows how the protective principle enables states to protect animals abroad by regulating foreign agricultural industries that significantly pollute the environment.