This thesis provides an overview of the complex problems related to the extraterritoriality of export controls. / In the last decades when trade became increasingly international, the tendency of governments to use trade embargoes as a political tool grew considerably. Since the effect of trade controls largely depends on the importance of the affected trade, the regulating State commonly interprets its jurisdiction in broad terms. Thus, the number of conflicts between countries concerning the extent of their jurisdiction increased. This thesis focuses on some pivotal cases and analyzes the different principles suggested to solve the problems. / Based on a territorial concept of sovereignty, it finally suggests a doctrine of evasion. The fundamental idea of the doctrine has already been applied in the tax laws of several countries. It is designed to close legislative loopholes. / It is believed that this doctrine, if applied, would strike an acceptable compromise between the interests of the parties concerned: the regulating State could evaluate the risks and costs involved in sanctioning other countries; the business community would be granted a higher degree of certainty in assessing the political risks involved in a commercial engagement with foreign partners and, finally, the sovereignty of foreign States would remain unimpeded.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.59838 |
| Date | January 1989 |
| Creators | Rizor, Stefan |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001167414, proquestno: AAIMM66459, Theses scanned by UMI/ProQuest. |
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