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Full-Text Articles in Law
International Legal Compliance: Surveying The Discipline, William C. Bradford
International Legal Compliance: Surveying The Discipline, William C. Bradford
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No abstract provided.
A Positive Theory Of Universal Jurisdiction, Eugene Kontorovich
A Positive Theory Of Universal Jurisdiction, Eugene Kontorovich
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Academic discussions of universal jurisdiction (“UJ”) have been almost entirely normative, focusing on what UJ “should” be in an ideal world. This Article breaks with the normative approach and analyzes UJ from a positive perspective, drawing on historical evidence and rational choice models to understand what UJ has in fact been and what it can be.
Piracy was for centuries the only UJ offense. This Article begins by isolating the characteristics of piracy that made it uniquely suitable for UJ. While these characteristics show why UJ over piracy would cause fewer problems than UJ over other crimes, they still fail …