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Jurisdiction in International Law (Hardcover, 2nd Revised edition)
Loot Price: R4,053
Discovery Miles 40 530
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Jurisdiction in International Law (Hardcover, 2nd Revised edition)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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Total price: R4,073
Discovery Miles: 40 730
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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 applicatins 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.
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