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Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Extraterritorial Criminal Jurisdiction And The Rule Of Law, Danielle Ireland-Piper
Danielle Ireland-Piper
Nations states are demonstrating an increased willingness to assert jurisdiction over conduct occurring extraterritorially. This paper considers why that may be the case, and seeks to examine the extent to which assertions of extraterritorial criminal jurisdiction are consistent with the rule of law. Case studies of assertions of extraterritorial jurisdiction are presented and analysed using five principles as benchmarks. To that end, the rule of law is taken to refer to the following five principles: 1) The law must be both readily known and available, and certain and clear; 2) The law should be applied to all people equally, and …
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper
Danielle Ireland-Piper
Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …