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Extraterritorial Criminal Jurisdiction
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Book Synopsis Extraterritoriality in East Asia by : Ireland-Piper, Danielle
Download or read book Extraterritoriality in East Asia written by Ireland-Piper, Danielle and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
Book Synopsis Extraterritorial Application of American Criminal Law by : Charles Doyle
Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-10 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.
Book Synopsis Extraterritorial Criminal Jurisdiction by : European Committee on Crime Problems
Download or read book Extraterritorial Criminal Jurisdiction written by European Committee on Crime Problems and published by . This book was released on 1990 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Accountability in Extraterritoriality by : Danielle Ireland-Piper
Download or read book Accountability in Extraterritoriality written by Danielle Ireland-Piper and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
Book Synopsis Report on Extraterritorial Crime and the Cutting Case by : Moore
Download or read book Report on Extraterritorial Crime and the Cutting Case written by Moore and published by . This book was released on 1887 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Extraterritorial Criminal Jurisdiction and Its Effect on American Citizens by : Adllph Hepner
Download or read book Extraterritorial Criminal Jurisdiction and Its Effect on American Citizens written by Adllph Hepner and published by . This book was released on 1890 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Extraterritorial Application of American Criminal Law by : Charles Doyle
Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by . This book was released on 1999-09-01 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a number of Amer. criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by internat. treaty, crimes relating to gov't. employees or property overseas, or crimes that have an impact in this country even if planned or committed elsewhere. Contents of this report: (1) Intro.; (2) Constitutional Considerations; Legislative Powers; Constitutional Limitations; Statutory Construction; Extent of Amer. Extraterritorial Criminal Jurisdiction; Investigation and Prosecution. This is a print on demand report.
Book Synopsis Transformations in Criminal Jurisdiction by : Micheál Ó Floinn
Download or read book Transformations in Criminal Jurisdiction written by Micheál Ó Floinn and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.
Book Synopsis Jurisdiction in International Law by : Cedric Ryngaert
Download or read book Jurisdiction in International Law written by Cedric Ryngaert and published by Oxford University Press, USA. This book was released on 2008-10-02 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- Public international law approaches to jurisdiction -- The territoriality principle -- The principles of extraterritorial criminal jurisdiction -- A reasonable exercise of jurisdiction -- A new theory of jurisdiction in international law.
Book Synopsis Report on Extraterritorial Crime and the Cutting Case by : United States. Department of State
Download or read book Report on Extraterritorial Crime and the Cutting Case written by United States. Department of State and published by . This book was released on 1887 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Extraterritorial Application of American Criminal Law by : Charles Doyle
Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by Createspace Independent Publishing Platform. This book was released on 2016-11-11 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal law is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a number of American criminal laws apply extraterritorially outside of the United States. Application is generally a question of legislative intent, express or implied. There are two exceptions. First, the statute must come within Congress's constitutional authority to enact. Second, neither the statute nor its application may violate due process or any other constitutional prohibition. Claims of implied extraterritoriality must overcome additional obstacles. Federal laws are presumed to apply only within the United States, unless Congress clearly provides otherwise. Moreover, the courts will also presume that Congress intends its statutes to be applied in a manner that does not offend international law. Historically, in order to overcome these presumptions, the lower federal courts have read certain vintage Supreme Court cases broadly. The Supreme Court's recent pronouncements in Morrison v. National Australia Bank Ltd. and RJR Nabisco v. European Community, however, suggest a far more restrictive view. Although the crimes over which the United States has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. For both practical and diplomatic reasons, criminal investigations within another country require the acquiescence, consent, or preferably the assistance, of the authorities of the host country. The United States has mutual legal assistance treaties with several countries designed to formalize such cooperative law enforcement assistance. It has agreements for the same purpose in many other instances. Cooperation, however, may introduce new obstacles. Searches and interrogations carried out jointly with foreign officials, certainly if they involve Americans, must be conducted within the confines of the Fourth and Fifth Amendments. And the Sixth Amendment imposes limits upon the use in American criminal trials of depositions taken abroad. The nation's recently negotiated extradition treaties address some of the features of earlier agreements which complicate extradition for extraterritorial offenses, that is, dual criminality requirements; reluctance to recognize extraterritorial jurisdiction; and exemptions on the basis of nationality or political offenses. To further facilitate the prosecution of federal crimes with extraterritorial application Congress has enacted special venue, statute of limitations, and evidentiary statutes. To further cooperative efforts, it enacted the Foreign Evidence Request Efficiency Act, P.L. 111-79, which authorizes federal courts to issue search warrants, subpoenas, and other orders to facilitate criminal investigations in this country on behalf of foreign law enforcement officials.
Book Synopsis Extraterritoriality in East Asia by : Danielle Ireland-Piper
Download or read book Extraterritoriality in East Asia written by Danielle Ireland-Piper and published by Edward Elgar Publishing. This book was released on 2021-07-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region. Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea. Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.
Book Synopsis Extraterritorial Jurisdiction in Theory and Practice by : Karl Matthias Meessen
Download or read book Extraterritorial Jurisdiction in Theory and Practice written by Karl Matthias Meessen and published by Martinus Nijhoff Publishers. This book was released on 1996-08-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. "Audience: " Civil servants, practising lawyers and academics in the field of international public law and private international law.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law Publisher : ISBN 13 : Total Pages :322 pages Book Rating :4.F/5 ( download)
Book Synopsis Extraterritorial Criminal Jurisdiction by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law
Download or read book Extraterritorial Criminal Jurisdiction written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law and published by . This book was released on 1977 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Criminal Jurisdiction by : Kenneth S. Gallant
Download or read book International Criminal Jurisdiction written by Kenneth S. Gallant and published by Oxford University Press. This book was released on 2022 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whose law must I obey? This question is so basic to our legal obligations that it ought to be easy. Specifically, a person considering an action ought to be able to answer this question by the use of law-like rules. This ought to be particularly true of criminal law, which will be the principal focus of this book. Actually, this question is partially unanswerable in the world as it exists today. Whether by accident or design, the current structure and content of law-national and international-sometimes prevents persons (natural or juridical) from being able to answer the question fully at the time of action"--
Book Synopsis The Protective Principle of International Criminal Jurisdiction by : Iain Cameron
Download or read book The Protective Principle of International Criminal Jurisdiction written by Iain Cameron and published by Dartmouth Publishing Company. This book was released on 1994 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the role and function that the protective principle plays in international criminal law as a whole. It also analyzes the systems of criminal jurisdiction in Sweden and the United States. Shorter analyses are also made of the Danish, Norwegian and British systems.
Book Synopsis Transformations in Criminal Jurisdiction by : Micheál Ó Floinn
Download or read book Transformations in Criminal Jurisdiction written by Micheál Ó Floinn and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Can traditional approaches to territorial jurisdiction adapt to the new global reality? Leading experts in criminal law and internet law unite to address this fundamental question. They consider whether this can be done through the development of parallel concepts such as extraterritorial or universal jurisdiction, or whether the situation requires completely new kinds of approaches to criminal jurisdiction and transnational crime. The book illuminates the way in which questions of jurisdiction are becoming increasingly important to the investigation, prosecution, and punishment of crime, as with the growth of technology and the internet many crimes no longer take place within neat national boundaries. Increasingly, criminal lawyers grapple with complex answers to seemingly simple questions: - Where was the crime actually committed? - Which body has authority to investigate? - Which court has jurisdiction to hear the case and impose a sentence? Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media. Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges"--
