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The Territoriality Principle

Cedric Ryngaert

in Jurisdiction in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199544714
eISBN:
9780191719943
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199544714.003.0003
Subject:
Law, Public International Law

This chapter discusses the territoriality principle and its applications in various fields of the law. It shows that in the criminal law, common law countries have put far more emphasis on the ... More


The Proper Scope of Transnational Competition Law

Chris Noonan

in The Emerging Principles of International Competition Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199207527
eISBN:
9780191708817
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207527.003.0010
Subject:
Law, Public International Law, Competition Law

This chapter addresses the issue of whether an additional, broader international antitrust defence should be recognized and the form that such a defence should take. Section 10.2 argues that a ... More


Historical, International, and Other Influences

Michael Hirst

in Jurisdiction and the Ambit of the Criminal Law

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199245390
eISBN:
9780191715013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199245390.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines the origins of the rules that govern the ambit of English criminal law, and the factors that shaped them. It addresses the following questions: How and why did English criminal ... More


Extraterritoriality: Expanding Exclusive Internal Jurisdiction

Titus Chih-Chieh Chen

in International Norms and Cycles of Change

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195380088
eISBN:
9780199855377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195380088.003.0006
Subject:
Law, Public International Law

Norm change frequently occurs (1) when norms are in tension with each other and (2) when the “fit” between norms and concrete experience is disputed. This chapter provides historical case studies in ... More


Territorial Ambit of Habeas Corpus

Judith Farbey, R. J. Sharpe, and Simon Atrill

in The Law of Habeas Corpus

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.003.0009
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

The common law does not, as a general rule, recognize the effectiveness of judicial process outside the territorial jurisdiction of the court and it is only by statute that a court has power to ... More


The Legal Bases of Jurisdiction

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0052
Subject:
Law, Public International Law

Jurisdiction is concerned with the allocation of competences between states. There is need for a theoretical understanding of jurisdiction that allows a clear sight of how all these aspects — and ... More


Jurisdiction

Lindsay Farmer

in Making the Modern Criminal Law: Criminalization and Civil Order

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 ... More


Limited Territorial Jurisdiction over Natural Resources

Megan Blomfield

in Global Justice, Natural Resources, and Climate Change

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198791737
eISBN:
9780191834028
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791737.003.0007
Subject:
Political Science, Political Theory

This chapter further explores and defends the conception of natural resource justice composed of the principle of collective self-determination and the (lexically prior) basic needs principle. It ... More


Sovereignty Negotiated from Below and Above: Native Personalities and European Law

Richard Pennell

in Sovereignty: Frontiers of Possibility

Published in print:
2012
Published Online:
November 2016
ISBN:
9780824835637
eISBN:
9780824871420
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824835637.003.0007
Subject:
Society and Culture, Pacific Studies

This chapter examines the tensions between claims to territorial and personal jurisdiction, as the British government tried to prevent its subjects from committing crimes overseas. The primacy of ... More


Internationalized Courts and their Relationship with Alternative Accountability Mechanisms: The Case of Sierra Leone

William A Schabas

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0009
Subject:
Law, Public International Law

A Truth and Reconciliation Commission (TRC) was established in Sierra Leone in order to: create an impartial historical record of violations and abuses of human rights and international humanitarian ... More


Investment Disputes under China’s BITs: Jurisdiction with Chinese Characteristics?

Jane Willems

in China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.003.0025
Subject:
Law, Public International Law, Company and Commercial Law

This chapter first examines and compares the decisions rendered by arbitral tribunals and state courts, on the scope of the consent clauses contained in the Chinese bilateral investment treaties ... More


Collective Self-Determination without Resource Sovereignty

Megan Blomfield

in Global Justice, Natural Resources, and Climate Change

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198791737
eISBN:
9780191834028
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791737.003.0006
Subject:
Political Science, Political Theory

This chapter defends the principle of collective self-determination as a second principle of natural resource justice. This defence emerges from consideration of the principle of natural resource ... More


Territorial Jurisdiction and Positive Obligations of an Occupied State: Some Reflections on Evolving Issues under Article 1 of the Convention

Ganna Yudkivska

in The European Convention on Human Rights and General International Law

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198830009
eISBN:
9780191868399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198830009.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

The international law of occupation—as it has developed since the nineteenth century—traditionally regulates the conduct and obligations of occupying forces. Very little is said about the obligations ... More


Human Rights and Immigration

Ruth Rubio-Marín (ed.)

Published in print:
2014
Published Online:
April 2014
ISBN:
9780198701170
eISBN:
9780191770579
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701170.001.0001
Subject:
Law, Human Rights and Immigration

The proper handling of migration is one of the most challenging phenomena facing contemporary societies. While globalization and a rapidly evolving world of economic interaction have increased ... More


United Nations Constitutional Assistance: A Significant but Uncharted Field

Vijayashri Sripati

in Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands

Published in print:
2020
Published Online:
April 2020
ISBN:
9780199498024
eISBN:
9780199098378
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199498024.003.0001
Subject:
Law, Public International Law

This chapter establishes United Nations Constitutional Assistance (UNCA) as a significant but uncharted international and constitutional law topic. UNCA is defined as a set of activities undertaken ... More


Vecindad: From Castile to Spanish America

Tamar Herzog

in Defining Nations: Immigrants and Citizens in Early Modern Spain and Spanish America

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300092530
eISBN:
9780300129830
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300092530.003.0003
Subject:
Law, Legal History

This chapter focuses on the Spanish conquistadors who, after their arrival in the New World, proclaimed royal jurisdiction over the land and founded new settlements. Standing in open territory and in ... More


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