My fumbling attempt to answer Justice McHugh is to this effect, that of course there can be the extraterritorial legislation which makes part of the record, treats as the Tribunal's doings what is done in Greece.
Although the statutory wording seems wide enough to cover such a case, this would be tantamount to according the Act extraterritorial character.
The issue was particularly sensitive in Iran because of a long history of colonial extraterritorial rights.
The third possible basis of extraterritorial jurisdiction is the effects doctrine.
A narrow view of the English authorities, then, is that the fact that a court order has extraterritorial effect is a factor which the court will take into account in exercising a discretion.
In some states, a city's extraterritorial jurisdiction may extend for up to five miles from the city limits.
We would want to make sure there was sufficient flexibility so that if New Zealand wanted to waive the right to have extraterritorial effect on those personnel, it would be able to.
That is a really murky detail because it makes these contractors outside the extraterritorial judicial law for prosecuting members of the military or for holding them to military justice standards.
Japan was alert, and in 1899 had just put a final end to the extraterritorial privileges enjoyed by European traders in Japan.
If the court at first instance was wrong in its conclusion on the validity of the service of an extraterritorial summons then its actions subsequent, in my view, amount to a nullity.