The Princeton Principles on Universal Jurisdiction
Author: Stephen Macedo
Publisher:
Published: 2001
Total Pages: 67
ISBN-13: 9780971185906
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Jurisdiction in International Law
Author: Cedric Ryngaert
Publisher:
Published: 2015
Total Pages: 273
ISBN-13: 0199688516
DOWNLOAD EBOOKThis fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Piracy and the Origins of Universal Jurisdiction
Author: Mark Chadwick
Publisher: BRILL
Published: 2019-01-03
Total Pages: 290
ISBN-13: 9004390464
DOWNLOAD EBOOKIn Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
Universal Jurisdiction
Author: Stephen Macedo
Publisher: University of Pennsylvania Press
Published: 2006-02-22
Total Pages: 398
ISBN-13: 9780812219500
DOWNLOAD EBOOKUniversal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
UN Security Council Referrals to the International Criminal Court
Author: Alexandre Skander Galand
Publisher: BRILL
Published: 2018-11-26
Total Pages: 278
ISBN-13: 9004342214
DOWNLOAD EBOOKThis book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
Universal Jurisdiction
Author: Stephen Macedo
Publisher: University of Pennsylvania Press
Published: 2004
Total Pages: 404
ISBN-13: 9780812237368
DOWNLOAD EBOOKUniversal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.
Universal Jurisdiction in Modern International Law
Author: Mitsue Inazumi
Publisher: Intersentia nv
Published: 2005
Total Pages: 286
ISBN-13: 9050953662
DOWNLOAD EBOOKThis study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction? In explaining the modern jurisdictional regime, this study illuminates the historical phenomenon of the expansion of jurisdiction in Chapter II, and conducts in-depth research particularly into universal jurisdiction in Chapter III and IV. This study explicates the notion of universal jurisdiction in history and in theory, categorizing its nature by two aspects (permissive or obligatory, and supplemental or primary), and underscores the differences between ordinary universal jurisdiction and universal jurisdiction in absentia. Having made an analysis on the legality of jurisdiction, this study has proceeded to examine the appropriateness of exercising jurisdiction. Noting the danger of conflicts of jurisdiction, Chapter V attempts to compile some guiding rules that can be utilised in determining the appropriateness of jurisdiction, thus answering the question of Which jurisdiction should be exercised'. Chapter VI then applies these guiding rules to non-territorial jurisdiction, namely universal jurisdiction. The observations deduced from the application of the guiding rules demonstrates, together with the analysis of the legality of universal jurisdiction in Chapter IV, the role of universal jurisdiction within the modern jurisdictional regime.
The Rome Statute as Evidence of Customary International Law
Author: Yudan Tan
Publisher: BRILL
Published: 2021-08-09
Total Pages: 487
ISBN-13: 9004439412
DOWNLOAD EBOOKIn The Rome Statute as Evidence of Customary International Law, Yudan Tan offers a detailed analysis of topical issues concerning the Rome Statute of the International Criminal Court as evidence of customary international law.
General Principles for Business and Human Rights in International Law
Author: Ludovica Chiussi Curzi
Publisher: BRILL
Published: 2020-10-26
Total Pages: 404
ISBN-13: 9004440038
DOWNLOAD EBOOKIn General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Universal Civil Jurisdiction
Author: Serena Forlati
Publisher: BRILL
Published: 2020-10-12
Total Pages: 219
ISBN-13: 9004408576
DOWNLOAD EBOOKIn Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
