The Morality Of Extraterritorial Punishment
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Author | : Alejandro Chehtman |
Publisher | : Oxford University Press |
Total Pages | : 203 |
Release | : 2010-12-09 |
Genre | : Law |
ISBN | : 0199603405 |
1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.
Author | : |
Publisher | : |
Total Pages | : 187 |
Release | : 2010 |
Genre | : Criminal jurisdiction |
ISBN | : 9780191725173 |
The principle of extraterritorial punishment, which enables national courts to exert jurisdiction over crimes committed abroad by nationals of other states, has become more accepted. This book provides an account and critique of this form of jurisdiction, exploring its links to globalization, terrorism and transnational crime.
Author | : Cedric Ryngaert |
Publisher | : |
Total Pages | : 273 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law 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. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. 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.
Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 497 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107012775 |
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.
Author | : Richard Beardsworth |
Publisher | : Oxford University Press |
Total Pages | : 452 |
Release | : 2019-06-06 |
Genre | : Political Science |
ISBN | : 019252089X |
This book explores the role that states might play in promoting a cosmopolitan condition as an agent of cosmopolitanism rather than an obstacle to it. In doing so the book seeks to develop recent arguments in favour of locating cosmopolitan moral and political responsibility at the state level as either an alternative to, or a corollary of, cosmopolitanism as it is more commonly understood qua requiring transnational or global bearers of responsibility. As a result, the contributions in this volume see an on-going role for the state, but also its transformation, perhaps only partially, into a more cosmopolitan-minded institution -- instead of a purely 'national' or particularistic one. It therefore makes the case that the state as a form of political community can be reconciled with various form of cosmopolitan responsibility. In this way the book will address the question of how states, in the present, and in the future, can be better bearers of cosmopolitan responsibilities?
Author | : Micheál Ó Floinn |
Publisher | : Bloomsbury Publishing |
Total Pages | : 395 |
Release | : 2023-08-24 |
Genre | : Law |
ISBN | : 1509954236 |
Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.
Author | : Charlotte E. Blattner |
Publisher | : Oxford University Press |
Total Pages | : 521 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190948310 |
based on author's thesis (doctoral - Universitèat Basel, 2016) issued under title: The extraterritorial protection of animals: admissibility and possibilities of the application of national animal welfare standards to animals in foreign countries.
Author | : Matthew H. Kramer |
Publisher | : Oxford University Press, USA |
Total Pages | : 370 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199642192 |
Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
Author | : William Christie |
Publisher | : Sydney University Press |
Total Pages | : 234 |
Release | : 2020-06-01 |
Genre | : History |
ISBN | : 1743325991 |
In the 18th and 19th centuries, relations between China and the West were defined by the Qing dynasty’s strict restrictions on foreign access and by the West’s imperial ambitions. Cultural, political and economic interactions were often fraught, with suspicion and misunderstanding on both sides. Yet trade flourished and there were instances of cultural exchange and friendship, running counter to the official narrative. Tribute and Trade: China and Global Modernity explores encounters between China and the West during this period and beyond, into the early 20th century, through examples drawn from art, literature, science, politics, music, cooking, clothing and more. How did China and the West see each other, how did they influence each other, and what were the lasting legacies of this contact?
Author | : Fritz Allhoff |
Publisher | : Broadview Press |
Total Pages | : 770 |
Release | : 2016-12-20 |
Genre | : Business & Economics |
ISBN | : 1554812518 |
Business in Ethical Focus is a compilation of classical and contemporary essays and case studies in business ethics. Readers will become acquainted with seminal ideas on corporate social responsibility and the place of business in a just society. Other topics include diversity in the workplace, sexual harassment, workplace rights, environmental responsibility and sustainability, global business, intellectual property, bribery, and ethical issues in advertising and marketing. This second edition adds a dozen original case studies, as well as new sections on global perspectives (with articles on Islamic, Confucian, and Buddhist business ethics), entrepreneurship, and the non-profit sector. Background material on ethical theory and the nature of business ethics is included to orient readers new to this field.