Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0005
- Subject:
- Law, Public International Law, EU Law
This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal ...
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This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal principles. It provides a refined definition of extraterritorial jurisdiction. Moreover, it examines a plurality of ways to infer the proportionality principle from the structure of the legal order and shows that it can be classified, inter alia, as an element of teleological interpretation. The chapter argues that one cannot deny the existence of this principle in international law and that the principle of proportionality, understood as a scheme for rational argumentation, provides an adequate framework as to how exercises of extraterritorial jurisdiction can be assessed in a legally adequate manner.Less
This chapter analyses the concept of extraterritorial jurisdiction and underlying fundamental notions, such as sovereignty, non-intervention, balancing of interests, proportionality, and legal principles. It provides a refined definition of extraterritorial jurisdiction. Moreover, it examines a plurality of ways to infer the proportionality principle from the structure of the legal order and shows that it can be classified, inter alia, as an element of teleological interpretation. The chapter argues that one cannot deny the existence of this principle in international law and that the principle of proportionality, understood as a scheme for rational argumentation, provides an adequate framework as to how exercises of extraterritorial jurisdiction can be assessed in a legally adequate manner.
Michael Hirst
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199245390
- eISBN:
- 9780191715013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199245390.003.0005
- Subject:
- Law, Criminal Law and Criminology
This chapter principally addresses offences committed in other countries, but also discusses the rules of British nationality in so far as these determine who may or may not be subject to ...
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This chapter principally addresses offences committed in other countries, but also discusses the rules of British nationality in so far as these determine who may or may not be subject to extraterritorial liability. Topics discussed include forms of extraterritorial jurisdiction, jurisdiction and extradition, nationality and status, jurisdiction over particular classes, offences involving defence or national security; murder, manslaughter, and bigamy; crimes under international law, terrorist offences and offences frequently connected with terrorism, sexual offences involving children, perjury and related offences, environmental protection, and inchoate offences.Less
This chapter principally addresses offences committed in other countries, but also discusses the rules of British nationality in so far as these determine who may or may not be subject to extraterritorial liability. Topics discussed include forms of extraterritorial jurisdiction, jurisdiction and extradition, nationality and status, jurisdiction over particular classes, offences involving defence or national security; murder, manslaughter, and bigamy; crimes under international law, terrorist offences and offences frequently connected with terrorism, sexual offences involving children, perjury and related offences, environmental protection, and inchoate offences.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.001.0001
- Subject:
- Law, Public International Law, EU Law
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The ...
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This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines. Less
This book deals with a central topic in general international law, WTO law, and international environmental law, namely the relevance of the WTO legal system for environmental protection. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years. This book analyses these issues by examining the ‘horizontal’ interaction between WTO law and ‘other’ international law, the ‘vertical’ relationship between WTO law and domestic law, and the contents of and interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer. A series of controversial topics in WTO and general international law are addressed in this book such as the notion of conflicts of norms and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; and climate protection, protection of the ozone layer, and WTO disciplines.
Luc Reydams
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199274260
- eISBN:
- 9780191719158
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274260.003.0002
- Subject:
- Law, Private International Law
This chapter outlines an international legal framework for the problem of extraterritorial jurisdiction in general. It begins with the Lotus case of 1927, which remains the only international ...
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This chapter outlines an international legal framework for the problem of extraterritorial jurisdiction in general. It begins with the Lotus case of 1927, which remains the only international decision about a State’s right to exercise criminal jurisdiction. It then examines the consequences of ultra vires jurisdiction, as well as possible remedies. The chapter shows the connection between extraterritorial jurisdiction, extradition, and human rights, and then discusses the burden of proof in litigation regarding extraterritorial jurisdiction. It concludes with some reflections on the impacts of globalization on jurisdiction.Less
This chapter outlines an international legal framework for the problem of extraterritorial jurisdiction in general. It begins with the Lotus case of 1927, which remains the only international decision about a State’s right to exercise criminal jurisdiction. It then examines the consequences of ultra vires jurisdiction, as well as possible remedies. The chapter shows the connection between extraterritorial jurisdiction, extradition, and human rights, and then discusses the burden of proof in litigation regarding extraterritorial jurisdiction. It concludes with some reflections on the impacts of globalization on jurisdiction.
Erich Vranes
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562787
- eISBN:
- 9780191705366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562787.003.0001
- Subject:
- Law, Public International Law, EU Law
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ ...
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This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).Less
This introductory chapter provides an overview of the main questions examined in this book. It argues that there are three sets of questions which demarcate the so-called ‘trade and environment’ nexus: The first set of questions concerns the relationship between WTO law, multilateral environmental agreements, and non-WTO law more generally. This brings into play the issue of conflict of norms, the legal status of the lex specialis principle and similar legal maxims, and the concepts jurisdiction and applicable law in WTO dispute settlement. A second set of questions is related to the disputed concepts of extraterritorial jurisdiction and unilateral state action. A third group of issues concerns the scope and contents of relevant WTO disciplines. In this respect, this book examines the basic principles governing the General Agreement on Tariffs and Trade (GATT) and the Agreement on Technical Barriers to Trade (TBT Agreement).
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0009
- Subject:
- Law, Public International Law
Chapter 8 shows ways to meaningfully connect the various jurisdictional tools to protect animals abroad to substantive law, and determines whether substantive law puts constraints on them. A central ...
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Chapter 8 shows ways to meaningfully connect the various jurisdictional tools to protect animals abroad to substantive law, and determines whether substantive law puts constraints on them. A central question at this intersection is whether states can use extraterritorial jurisdiction to lower standards abroad, for example, as a side effect to lucrative trade deals. Insights from general international, trade, and animal law will help illuminate this question. The author then determines the level of consistency animal laws must maintain to survive the scrutiny of international law. The author creates a hierarchy of presumptions to guide public authorities in their decisions about which animal laws, at a minimum, meet the requirements of beneficence and consistency. The chapter concludes with an argument that states should have a duty to protect animals abroad, and that corporations should have a duty to respect animals abroad, akin to the obligations set up under the UN “Protect, Respect and Remedy” framework.Less
Chapter 8 shows ways to meaningfully connect the various jurisdictional tools to protect animals abroad to substantive law, and determines whether substantive law puts constraints on them. A central question at this intersection is whether states can use extraterritorial jurisdiction to lower standards abroad, for example, as a side effect to lucrative trade deals. Insights from general international, trade, and animal law will help illuminate this question. The author then determines the level of consistency animal laws must maintain to survive the scrutiny of international law. The author creates a hierarchy of presumptions to guide public authorities in their decisions about which animal laws, at a minimum, meet the requirements of beneficence and consistency. The chapter concludes with an argument that states should have a duty to protect animals abroad, and that corporations should have a duty to respect animals abroad, akin to the obligations set up under the UN “Protect, Respect and Remedy” framework.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0012
- Subject:
- Law, Public International Law
The final chapter takes a broad and comprehensive perspective, returning to the structural challenges of animal law in an era of globalization and the question of whether extraterritorial ...
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The final chapter takes a broad and comprehensive perspective, returning to the structural challenges of animal law in an era of globalization and the question of whether extraterritorial jurisdiction can help tackle them. The author identifies the social and societal risks (as opposed to legal risks) that pose a real challenge to the law of jurisdiction and explains why we should not blindly advocate the blanket application of extraterritorial jurisdiction. But these dangers do not release us from the responsibility to protect animals in cross-border relations, as this would subject them to economic laissez-faire. The author uses insights from animal studies and postcolonial studies to describe the steps that must be taken to reconcile these conflicting demands. With these safety valves, the author concludes, extraterritorial animal law has the potential to evolve beyond adversity to multiculturalism, into a tool that facilitates cross-cultural sensibility, awareness of shared histories, and the elimination of oppression.Less
The final chapter takes a broad and comprehensive perspective, returning to the structural challenges of animal law in an era of globalization and the question of whether extraterritorial jurisdiction can help tackle them. The author identifies the social and societal risks (as opposed to legal risks) that pose a real challenge to the law of jurisdiction and explains why we should not blindly advocate the blanket application of extraterritorial jurisdiction. But these dangers do not release us from the responsibility to protect animals in cross-border relations, as this would subject them to economic laissez-faire. The author uses insights from animal studies and postcolonial studies to describe the steps that must be taken to reconcile these conflicting demands. With these safety valves, the author concludes, extraterritorial animal law has the potential to evolve beyond adversity to multiculturalism, into a tool that facilitates cross-cultural sensibility, awareness of shared histories, and the elimination of oppression.
Luc Reydams
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199274260
- eISBN:
- 9780191719158
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274260.001.0001
- Subject:
- Law, Private International Law
After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile ...
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After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? The book first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. The book then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. The municipal laws are placed in the larger context of a country’s views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reasons why the individual was brought to justice in a third country.Less
After centuries of near dormancy, the concept of ‘universal jurisdiction’ has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? The book first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. The book then brings together, and makes accessible in English, detailed accounts of universal jurisdiction in fourteen countries: Australia, Austria, Belgium, Canada, Denmark, France, Germany, Israel, the Netherlands, Senegal, Spain, Switzerland, the United Kingdom, and the United States. The municipal laws are placed in the larger context of a country’s views on criminal jurisdiction generally and the case discussions pay detailed attention to the factual and legal context of each case. This approach provides the reasons why the individual was brought to justice in a third country.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.003.0001
- Subject:
- Law, Public International Law
In this introduction to Protecting Animals Within and Across Borders, readers are introduced to the topic of extraterritorial animal law and given a roadmap for the book. The chapter explains how ...
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In this introduction to Protecting Animals Within and Across Borders, readers are introduced to the topic of extraterritorial animal law and given a roadmap for the book. The chapter explains how animals are bred in one country, slaughtered in another, processed in another, then exported, and that highly mobile multinational corporations systematically exploit weaker animal laws to decrease production costs. Evidence is offered to show that states, policymakers, lawyers, and the public all seek to determine whether and how animals can be protected across borders. The chapter describes the arc of subsequent chapters and their interrelation, making the case that these complex problems can only be solved if they are analyzed from multiple perspectives, including trade, public international, and animal law. The final section outlines the author’s methodology to solve the problems the text raises.Less
In this introduction to Protecting Animals Within and Across Borders, readers are introduced to the topic of extraterritorial animal law and given a roadmap for the book. The chapter explains how animals are bred in one country, slaughtered in another, processed in another, then exported, and that highly mobile multinational corporations systematically exploit weaker animal laws to decrease production costs. Evidence is offered to show that states, policymakers, lawyers, and the public all seek to determine whether and how animals can be protected across borders. The chapter describes the arc of subsequent chapters and their interrelation, making the case that these complex problems can only be solved if they are analyzed from multiple perspectives, including trade, public international, and animal law. The final section outlines the author’s methodology to solve the problems the text raises.
Charlotte E. Blattner
- Published in print:
- 2019
- Published Online:
- August 2019
- ISBN:
- 9780190948313
- eISBN:
- 9780190948344
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190948313.001.0001
- Subject:
- Law, Public International Law
Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of ...
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Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community.Less
Extraterritorial jurisdiction stands at the juncture of international law and animal law and promises to open a path to understanding and resolving the global problems that challenge the core of animal law. As corporations have relocated and the animal industry (agriculture, medical research, entertainment, etc.) has dispersed its production facilities across the territories of multiple states, regulatory gaps and fears of a race to the bottom have become a pressing issue of global policy. Protecting Animals Within and Across Borders provides enough background to allow readers to understand why extraterritorial jurisdiction must respond to these developments, counters objections that readers might raise, and describes how to improve animal law in tandem. The heart of the work is a fully fledged catalog of options for extraterritorial jurisdiction, which states can employ to strengthen their animal laws. The book offers top-down perspectives drawn from general international law and trade law, and complements them with a bottom-up view from the perspective of animal law. The approach connects the law of jurisdiction to substantive law and opens up deeper questions about moral directionality, state and corporate duties owed to animals, and the comparative advantages of applying constitutional, criminal, and administrative animal law across the border. To ensure that extraterritorial animal law does not become complicit in oppressing ethnic, cultural, or any other minorities, the book offers critical interdisciplinary perspectives, informed by studies on posthumanism and postcolonialism. Readers will further learn when and how extraterritorial jurisdiction violates international law, and the consequences of exercising it illegally under international law. This work answers questions about how and why extraterritorial jurisdiction can overcome the steepest hurdles for animal law and help us move toward a just global interspecies community.
Işıl Karakaş and Hasan Bakırcı
- Published in print:
- 2018
- Published Online:
- November 2018
- ISBN:
- 9780198830009
- eISBN:
- 9780191868399
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198830009.003.0007
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter analyses the evolution of the Strasbourg case law on the concept of jurisdiction within the meaning of Article 1 of the European Convention on Human Rights by attempting to provide a ...
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This chapter analyses the evolution of the Strasbourg case law on the concept of jurisdiction within the meaning of Article 1 of the European Convention on Human Rights by attempting to provide a comprehensive answer to the question of extraterritorial jurisdiction. It ascertains whether there exists any truth in the criticism directed towards the European Court of Human Rights’ case law and, most importantly, any room for its further development. The chapter will first examine the early jurisprudence of the Convention bodies and explain how they dealt with the difficult question of extraterritorial jurisdiction. It will then discuss the two tests developed by the Court when determining extraterritorial jurisdiction in various case scenarios. Finally, the concluding section of the chapter will summarize these discussions and pose a question for future development of the Court’s case law.Less
This chapter analyses the evolution of the Strasbourg case law on the concept of jurisdiction within the meaning of Article 1 of the European Convention on Human Rights by attempting to provide a comprehensive answer to the question of extraterritorial jurisdiction. It ascertains whether there exists any truth in the criticism directed towards the European Court of Human Rights’ case law and, most importantly, any room for its further development. The chapter will first examine the early jurisprudence of the Convention bodies and explain how they dealt with the difficult question of extraterritorial jurisdiction. It will then discuss the two tests developed by the Court when determining extraterritorial jurisdiction in various case scenarios. Finally, the concluding section of the chapter will summarize these discussions and pose a question for future development of the Court’s case law.
Horatia Muir Watt
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566181
- eISBN:
- 9780191705458
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566181.003.0047
- Subject:
- Law, Legal History
This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive ...
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This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive power within geographical boundaries. The issue of ‘extraterritorial jurisdiction’ is discussed by looking at Lord Bingham's leading opinion in Société Eram Shipping Co Ltd v Cie Internationale de navigation (2004).Less
This chapter examines the meaning of territory and how the understanding of state sovereignty is now linked to political and economic influence rather than to the ability to assert exclusive coercive power within geographical boundaries. The issue of ‘extraterritorial jurisdiction’ is discussed by looking at Lord Bingham's leading opinion in Société Eram Shipping Co Ltd v Cie Internationale de navigation (2004).
Alejandro Chehtman
- Published in print:
- 2010
- Published Online:
- May 2011
- ISBN:
- 9780199603404
- eISBN:
- 9780191725173
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199603404.003.0001
- Subject:
- Law, Public International Law, Criminal Law and Criminology
This introductory chapter clarifies the philosophical project contained in this book, and provides a brief summary of its content. It illustrates the difficulties raised by the issue of ...
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This introductory chapter clarifies the philosophical project contained in this book, and provides a brief summary of its content. It illustrates the difficulties raised by the issue of extraterritoriality and situates the main topic of the book within the broader literature on the moral justification for legal punishment and on global justice.Less
This introductory chapter clarifies the philosophical project contained in this book, and provides a brief summary of its content. It illustrates the difficulties raised by the issue of extraterritoriality and situates the main topic of the book within the broader literature on the moral justification for legal punishment and on global justice.
Nils Melzer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533169
- eISBN:
- 9780191714511
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533169.003.0007
- Subject:
- Law, Human Rights and Immigration, Public International Law
International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or ...
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International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.Less
International Humanitarian Law (IHL) is the body of rules and principles specifically designed to regulate the conduct of States and individuals actively involved in situations of international or non-international armed conflict. This chapter examines whether and, if so, to what extent the lex specialis of IHL adjusts the normative content of the paradigm of law enforcement to the realities of armed conflict as far as the use of lethal force outside the conduct of hostilities is concerned. The analysis takes into account those provisions of international criminal law which are specifically designed to penalize the use of lethal force in situations of armed conflict.
Lindsay Farmer
- Published in print:
- 2016
- Published Online:
- March 2016
- ISBN:
- 9780199568642
- eISBN:
- 9780191801945
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568642.003.0005
- Subject:
- Law, Criminal Law and Criminology, Philosophy of Law
The chapter looks at the relationship between jurisdiction and criminalization. The first section analyses the institutional dimensions of jurisdiction, looking at the relation between jurisdiction ...
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The chapter looks at the relationship between jurisdiction and criminalization. The first section analyses the institutional dimensions of jurisdiction, looking at the relation between jurisdiction and civil order, and at some of the basic distinctions which have shaped the emergence of modern ideas of criminal law jurisdiction. The second section traces the development of the concept of territorial jurisdiction, looking at the means by which jurisdiction was extended from the governance of the local community to nation state, and to its support for forms of imperial rule. The third section then looks at the ways in which the meaning of territory has been linked to changing ideas of civil order and the changing aims of the criminal law. The chapter concludes by looking at contemporary challenges to territorial conceptions of jurisdiction and their impact on questions of criminalization.Less
The chapter looks at the relationship between jurisdiction and criminalization. The first section analyses the institutional dimensions of jurisdiction, looking at the relation between jurisdiction and civil order, and at some of the basic distinctions which have shaped the emergence of modern ideas of criminal law jurisdiction. The second section traces the development of the concept of territorial jurisdiction, looking at the means by which jurisdiction was extended from the governance of the local community to nation state, and to its support for forms of imperial rule. The third section then looks at the ways in which the meaning of territory has been linked to changing ideas of civil order and the changing aims of the criminal law. The chapter concludes by looking at contemporary challenges to territorial conceptions of jurisdiction and their impact on questions of criminalization.
Garrett Ordower
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780226529387
- eISBN:
- 9780226529554
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226529554.003.0015
- Subject:
- Law, Human Rights and Immigration
This chapter argues that the vast increase in the U.S. use of military contractors to fight the War on Terror has created the potential for illegality and abuse by U.S. military contractors but ...
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This chapter argues that the vast increase in the U.S. use of military contractors to fight the War on Terror has created the potential for illegality and abuse by U.S. military contractors but little ability to hold them accountable. Exemplifying this is the difficulty that the U.S. faced in prosecuting Blackwater employees for their massacre of Iraqi civilians in Nisour Square in the course of providing security services for the U.S. State Department. Due to the lack of extraterritorial jurisdiction over the activities of many such contractors, the laws that apply to military personnel, such as the UCMJ and the MEJA, do not provide grounds for criminal or civil actions against contractors in many actual and possible circumstances. This chapter reviews the possibilities for using MEJA, SMTJ, ATS, UCMJ, the Anti-torture Statute, and foreign law against rogue or criminal contractors, and finds holes in the scope of each for securing justice. The chapter goes on to consider some recent proposals, such as the Civil Extraterritorial Jurisdiction Statute (CEJA) and extensions to existing law, to plug the gaps that make it difficult to prosecute or sue contractors for acts such as torture.Less
This chapter argues that the vast increase in the U.S. use of military contractors to fight the War on Terror has created the potential for illegality and abuse by U.S. military contractors but little ability to hold them accountable. Exemplifying this is the difficulty that the U.S. faced in prosecuting Blackwater employees for their massacre of Iraqi civilians in Nisour Square in the course of providing security services for the U.S. State Department. Due to the lack of extraterritorial jurisdiction over the activities of many such contractors, the laws that apply to military personnel, such as the UCMJ and the MEJA, do not provide grounds for criminal or civil actions against contractors in many actual and possible circumstances. This chapter reviews the possibilities for using MEJA, SMTJ, ATS, UCMJ, the Anti-torture Statute, and foreign law against rogue or criminal contractors, and finds holes in the scope of each for securing justice. The chapter goes on to consider some recent proposals, such as the Civil Extraterritorial Jurisdiction Statute (CEJA) and extensions to existing law, to plug the gaps that make it difficult to prosecute or sue contractors for acts such as torture.
Joseph P. Griffin
- Published in print:
- 1999
- Published Online:
- March 2012
- ISBN:
- 9780198268376
- eISBN:
- 9780191683510
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268376.003.0010
- Subject:
- Law, Public International Law
This chapter examines the adjudicatory jurisdiction over multilateral enterprises (MNE) in the U.S. and the European Union. It mentions Professor Ian Brownlie's opinion that the principle of ...
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This chapter examines the adjudicatory jurisdiction over multilateral enterprises (MNE) in the U.S. and the European Union. It mentions Professor Ian Brownlie's opinion that the principle of ‘substantial or effective connection’ with forum state would be an appropriate basis for jurisdiction in cases involving MNE. The chapter suggests that jurisdictional conflicts created by the operations of MNE can be minimized by notification and consultation among states, and by the use of existing international agreements designed to minimize friction arising over assertion of extraterritorial jurisdiction.Less
This chapter examines the adjudicatory jurisdiction over multilateral enterprises (MNE) in the U.S. and the European Union. It mentions Professor Ian Brownlie's opinion that the principle of ‘substantial or effective connection’ with forum state would be an appropriate basis for jurisdiction in cases involving MNE. The chapter suggests that jurisdictional conflicts created by the operations of MNE can be minimized by notification and consultation among states, and by the use of existing international agreements designed to minimize friction arising over assertion of extraterritorial jurisdiction.
James Cox
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199660902
- eISBN:
- 9780191806902
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199660902.003.0015
- Subject:
- Law, Company and Commercial Law
This chapter focuses on the international reach and jurisdiction of US Financial Laws with emphasis on anti-fraud provisions in private litigation. It analyses past cases that involve ...
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This chapter focuses on the international reach and jurisdiction of US Financial Laws with emphasis on anti-fraud provisions in private litigation. It analyses past cases that involve extraterritorial corporations outside the United States, such as the landmark Morrison v. Australia Bank Ltd. It analyses Morrison and describes how it extinguished two species of securities class-action claims that proliferated in preceding years: foreign-cubed claims and foreign-squared claims. The chapter also examines the process of inspecting foreigners by auditors of foreign issuers listed in the United States by the Public Company Accounting Oversight Board (PCAOB) and the extraterritorial scope of the whistleblower provision of the Sarbanes-Oxley Act. Furthermore, it looks into the jurisdiction of the US Foreign Corrupt Practices Act which was enacted to prohibit the widespread bribery of foreign officials by US corporations.Less
This chapter focuses on the international reach and jurisdiction of US Financial Laws with emphasis on anti-fraud provisions in private litigation. It analyses past cases that involve extraterritorial corporations outside the United States, such as the landmark Morrison v. Australia Bank Ltd. It analyses Morrison and describes how it extinguished two species of securities class-action claims that proliferated in preceding years: foreign-cubed claims and foreign-squared claims. The chapter also examines the process of inspecting foreigners by auditors of foreign issuers listed in the United States by the Public Company Accounting Oversight Board (PCAOB) and the extraterritorial scope of the whistleblower provision of the Sarbanes-Oxley Act. Furthermore, it looks into the jurisdiction of the US Foreign Corrupt Practices Act which was enacted to prohibit the widespread bribery of foreign officials by US corporations.
Keally McBride
- Published in print:
- 2016
- Published Online:
- September 2016
- ISBN:
- 9780190252977
- eISBN:
- 9780190253004
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190252977.003.0004
- Subject:
- Political Science, Political Theory, Comparative Politics
Sierra Leone provides the scene of this case study that demonstrates the emergence of a key tenet of international law: extraterritorial jurisdiction. There was a fundamental tension between the ...
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Sierra Leone provides the scene of this case study that demonstrates the emergence of a key tenet of international law: extraterritorial jurisdiction. There was a fundamental tension between the British desire to control the volatile region in West Africa, and Stephen’s mission to adhere strictly to the rules of sovereignty, territory, and legality. This chapter explains this tension and its ultimate resolution. British criminality rapidly rose around the globe in the 1830s and 1840s, and in the regions outside of Sierra Leone trying to control this behavior provoked a crisis of jurisdiction. Over Stephen’s objections, the solution developed for controlling British criminality was the Foreign Jurisdiction Act of 1843, stating that British citizens would be subject to British law even though they were outside of Britain. In effect, the British created a legal principle that asserted that their might made British rights wherever they cared to declare them.Less
Sierra Leone provides the scene of this case study that demonstrates the emergence of a key tenet of international law: extraterritorial jurisdiction. There was a fundamental tension between the British desire to control the volatile region in West Africa, and Stephen’s mission to adhere strictly to the rules of sovereignty, territory, and legality. This chapter explains this tension and its ultimate resolution. British criminality rapidly rose around the globe in the 1830s and 1840s, and in the regions outside of Sierra Leone trying to control this behavior provoked a crisis of jurisdiction. Over Stephen’s objections, the solution developed for controlling British criminality was the Foreign Jurisdiction Act of 1843, stating that British citizens would be subject to British law even though they were outside of Britain. In effect, the British created a legal principle that asserted that their might made British rights wherever they cared to declare them.
Andrew Boutros
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190232399
- eISBN:
- 9780190232412
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190232399.003.0004
- Subject:
- Law, Criminal Law and Criminology, Company and Commercial Law
Like many OECD signatory countries, Canada has a checkered and inconsistent history of enforcement in relation to bribery and corruption offenses. In the past five years, however, Canada has taken ...
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Like many OECD signatory countries, Canada has a checkered and inconsistent history of enforcement in relation to bribery and corruption offenses. In the past five years, however, Canada has taken deliberate and effective steps to strengthen its enforcement regime and was recently noted as one of the “most improved” nations in anti-bribery prosecutions by the OECD. In addition to a marked increase in prosecutions, these changes include the elimination of facilitation payments as a valid defense in 2017 and amendments to the governing legislation that allows Canadian authorities to prosecute nationals for crimes committed entirely abroad. The governing legislation in Canada relating to the bribing of foreign public officials is exclusively criminal in nature and has no statute of limitations. Both bribery and bookkeeping offenses are captured under the legislation. The combination of the lack of any time-based defenses, as well as the enhanced arsenal of the liberalization of the law of jurisdiction and the increased ambit of substantive offenses, point to a more robust enforcement regime for bribery and corruption offenses in Canada going forward.Less
Like many OECD signatory countries, Canada has a checkered and inconsistent history of enforcement in relation to bribery and corruption offenses. In the past five years, however, Canada has taken deliberate and effective steps to strengthen its enforcement regime and was recently noted as one of the “most improved” nations in anti-bribery prosecutions by the OECD. In addition to a marked increase in prosecutions, these changes include the elimination of facilitation payments as a valid defense in 2017 and amendments to the governing legislation that allows Canadian authorities to prosecute nationals for crimes committed entirely abroad. The governing legislation in Canada relating to the bribing of foreign public officials is exclusively criminal in nature and has no statute of limitations. Both bribery and bookkeeping offenses are captured under the legislation. The combination of the lack of any time-based defenses, as well as the enhanced arsenal of the liberalization of the law of jurisdiction and the increased ambit of substantive offenses, point to a more robust enforcement regime for bribery and corruption offenses in Canada going forward.
