QUOTE (Marwynn @ Sep 12 2012, 12:53 PM)
Get over the whole "it can't be done".
Let's start with something: wouldn't have happened in the first place. Supreme Court decisions don't come out of nowhere, and there would have been some necessary antecedent decisions or articles in legal journals. (We're talking the US Supreme Court, here, not the legal system of other countries.) Legal journals are the seed for later court decisions, lawyers cite case law and argue why something could or shouldn't be Constitutional. Eventually, members of the Supreme Court read those articles and decide to adopt those legal theories. (Look up "Incorporation", vis a vis the Bill of Rights and the 14th Amendment.)
But right now, no one is arguing for business extraterritoriality, no sane person would suggest it, and under the Court as constituted during the last half-century, they could never find 5 votes for it.
Legally speaking, extraterritoriality for organizations is nonsensical. Territory belongs to nations. Organizations can own property, including land, but that doesn't give them sovereign rights over that terrain. The entire basis for diplomacy and sovereignty since the 1500's has been the nation-state system, and under that system a corporation can't be a sovereign entity.
The Supreme Court decision says, in effect "this company is now a country, just like the United States". That makes no sense, and violates 500 years of "international laws". Companies can't be countries.
Nations fight over terrain, quite bitterly. WWII. Palestine. First Persian Gulf War.
What nation, anywhere, would voluntarily allow its territory to be annexed by a separate country at will, simply by that foreign country buying land from a private citizen? No nation would want to do that, no nation would allow it.
Suppose the Supreme Court handed down such a decision. The other branches of government would fight against it, and could easily do so.
It would be instantly obviated by Congress passing a law that simply says "no more corporations". To incorporate, you have to file papers and be granted that status. And if corporations must have sovereignty, but there's no more corporations, then there's no problem.
Congress would do that in a second. They could even bypass the decision, and allow business entities to function by inventing a new category, a new term instead of "corporations", and even if they're functionally the same as a corporation, they're technically not so the Supreme Court decision is obviated.
And that's not even counting the mass public rage such a decision would cause. In such a case, the President could face down the Court, and order the decision to be ignored. The Supreme Court has power, only because people accept its decisions. (See the political science term "legitimacy".)
In this case, this decision would be so controversial, that Right, Left, and Libertarians would oppose it, allowing the president to (in effect) annul the decision. It would be a Constitutional Crisis, but that's happened before. And if the President wins, and the Federal Government and Congress follow his lead, the decision would be overturned.
(This mirrors how the Supreme Court gained the power of Judicial Review, in
Marbury vs. Madison, and would set a precedent for the President and Congress, acting together, being able to over-ride decisions of the Supreme Court. That would be a huge change to the US legal landscape.)
Ignore all that. Assume the US is wholly insane, and this becomes the law of the land. Why would any other country go along? I really don't see why Europe would accept this idea. Or any other country, for that matter. It's a genuinely stupid idea, one which would lead to all sorts of problems (nations can't tax each other, corporate nations couldn't be taxed), and even my lowest opinion of Europeans doesn't allow for them following the US off a cliff in this manner.
Like I said, it's a trope so it just is. But it would never happen in the US, and if it did it wouldn't be adopted worldwide, and if it were the corporations (as depicted in
Shadowrun material) would go out of business. The "problem" would solve itself.