Report No. 62

1B.16. Difficulty as regards extra-territorial accidents.-

But the application of the Act to extra-territorial accidents on non-Indian ships or to other extra¬territorial accidents, raises certain problems.

The current view in international law seems to be-

(a) A State has jurisdiction to prescribe rules governing the conduct of its nationals, wherever they are found.

(b) But a State may not prescribe rules governing the conduct of aliens outside its territory, merely because such conduct affects nationals of the State outside of its territory.1

1. The position, as stated above, is based on a study of-

(a) Harvard Researches in International Law Jurisdiction, (1935), Vol. 1, p. 439, et seq.

(b) Jennings Extra-territorial Jurisdiction and Anti Trust Laws, (1957), British Year Book of International Law, 157.

(c) Article in (1962) British Year Book of International Law, 457.

(d) Winters' article on Maritime Torts in (1954), 3 I.C.L.Q. 115.

(e) Ellis Extra-territorial applications of anti-trust legislation, (1970) Netherlands Law Review-ILA Conference Issue.