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Universal Jurisdiction - International and Municipal Legal Perspectives (Paperback, New Ed)
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Universal Jurisdiction - International and Municipal Legal Perspectives (Paperback, New Ed)
Series: Oxford Monographs in International Law
Expected to ship within 12 - 17 working days
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After centuries of near dormancy, the concept of 'universal
jurisdiction' has suddenly become an important legal tool in the
international campaign against impunity, most prominently in
high-profile criminal trials. Among the legal questions raised by
the exercise of universal jurisdiction, this book considers two.
Under what conditions is a country investigating or prosecuting a
foreigner for an extraterritorial offence internationally
competent? What is the basis in municipal law for the exercise of
universal jurisdiction? Reydams first identifies the international
legal issues that arise when a State exercises extraterritorial
jurisdiction generally, discerns the different doctrinal concepts
of universal jurisdiction, and traces universal jurisdiction in
current international texts such as multilateral conventions,
resolutions of intergovernmental bodies, and official drafts and
studies. He then brings together, and makes accessible in English,
detailed accounts of universal jurisdiction in fourteen countries:
Australia, Austria, Belgium, Canada, Denmark, France, Germany,
Israel, the Netherlands, Senegal, Spain, Switzerland, the United
Kingdom, and the United States. Reydams' point of departure is the
need for a context-sensitive analysis. The municipal laws are thus
placed in the larger context of a country's views on criminal
jurisdiction generally and the case discussions pay detailed
attention to the factual and legal context of each case. This
approach provides the reader with the reasons why the individual
was brought to justice in a third country. The inclusion of
(translated) texts of municipal statutes, of (translated) excerpts
from judicial decisions, and of commentaries by legal scholars
makes this volume an important resource for decision makers and
legal practitioners, both national and international.
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