Jurisdiction in International Law
Seiten
2008
Oxford University Press (Verlag)
978-0-19-954471-4 (ISBN)
Oxford University Press (Verlag)
978-0-19-954471-4 (ISBN)
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This book provides the first overview of the international law of jurisdiction for twenty years. Analysing developments across antitrust, criminal and human rights law, it explains how the principles of sovereignty and territoriality have been undermined, and develops a new theory of international jurisdiction based on the concept of subsidiarity.
This book 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. 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.
This book 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. 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.
Cedric Ryngaert is a Lecturer in international law at the Universities of Utrecht and Leuven, he co-ordinates the Belgian case reports for OUP's International Law in Domestic Courts service.
1. Introduction ; 2. Public International Law Approaches to Jurisdiction ; 3. The Territoriality Principle ; 4. The Principles of Extraterritorial Criminal Jurisdiction ; 5. The Jurisdictional Rule of Reason ; 6. General Overview of Practice Trends ; 7. A New Perspective on the International Law of Jurisdiction
| Erscheint lt. Verlag | 2.10.2008 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht | |
| ISBN-10 | 0-19-954471-9 / 0199544719 |
| ISBN-13 | 978-0-19-954471-4 / 9780199544714 |
| Zustand | Neuware |
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