2020 Volume 8 Pages 63-74
The extraterritorial application of administrative law, including personal data protection law and competition law, has become an important issue in recent years. However, there are not any theories that well comprehend this issue. Thus, this paper aims to theorize the policy issues on the extraterritorial application of administrative law. The first policy issue is international law. The extraterritorial application of national jurisdiction has two sides: legislative jurisdiction and executive jurisdiction. These two aspects are often confused, but should be separately analyzed and discussed. The second issue to be considered is enforceability. Execution is often the biggest challenge under extraterritorial application. The authorities should have alternative options such as announcement as a sanction and corporation with other authorities. The third policy issue is international relations. An excessive extraterritorial application often causes international disputes. After theorizing these three points, this paper aims to apply this theory on the amendment of Japanese Personal Data Protection Act in 2020, which includes the topic of the extraterritorial application of administrative law. The author, who drafted the amendment bill, reviews actual policy issues on extraterritorial application of administrative law.
