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Report No. 43

2.9. Protected interest principle.-

The second view is not so fantastic as may appear at first sight. Though Anglo-American jurisprudence is reluctant to extend the principle of exterritoriality to acts committed by aliens abroad, world opinion seems to be veering round to the view that where the security of a state is involved, widest exterritoriality must be given. This is based on what is known as "protected interest principle" and, in the Harvard Researches in International Law, one suggestion as to exterritoriality was as follows1:-

"A state has jurisdiction with respect to any crimes committed outside its territory by an alien against the security, territorial integrity or political independence of that State, provided the act or commission which constitutes the crime was not committed in exercise of a liberty guaranteed to the alien by the law of the place where it was committed."

1. Harvard Researches in International Law-Jurisdiction with respect to crime-Draft Convection [reprinted in (1935) 29 American Journal of International Law, (Supplement), pp. 435-438], Article 7(c).

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