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Extraterritoriality in East Asia examines the approaches of China,
Japan, and South Korea to exercising legal authority over crimes
committed outside their borders. It considers examples of
legislation and judicial decision-making and offers a deeper
understanding of the topic from the perspective of this legally,
politically, and economically significant region. Beginning with a
foundational overview of the principles of jurisdiction in
international law, as well as identifying current challenges to
those principles, subsequent chapters analyse the ways in which
extraterritorial jurisdiction operates and is regulated in China,
Japan, and South Korea. Danielle Ireland-Piper contextualizes
contemporary issues within a historical narrative of each country
and concludes by exploring areas of convergence and divergence
between them. This book will be of particular interest to scholars
and students of comparative, criminal, constitutional, and
international law, as well as international relations, especially
in the context of East Asia. Law-makers and practitioners, such as
criminal lawyers and prosecutors, will also find its contemporary
analysis useful.
Nation states are increasingly asserting jurisdiction over criminal
offenses that occur extraterritorially. In some instances, this can
cause political tension and legal uncertainty, as the principles of
jurisdiction under international law do not adequately resolve
competing claims. In that context, this book considers principles
of jurisdiction and mechanisms by which to achieve jurisdictional
restraint under international law, including the possibilities
presented by the 'abuse of rights' doctrine. Utilizing a
comparative approach, this book explores principles of
jurisdiction, first under international law, and then in a
comparative constitutional law context. Specifically, Danielle
Ireland-Piper explores the ways in which domestic constitutional
courts in Australia, India and the United States adjudicate
extraterritorial criminal jurisdictions. Groundbreaking sections
explore the abuse of rights doctrine in a common law context and
the relationship between individual rights and the assertion of
extraterritorial jurisdiction. While this is a research monograph
that will likely interest legal scholars and researchers in
international relations and political science, it will also appeal
to government policy-makers and judicial decision-makers,
particularly given the increased reliance by governments on
extraterritorial regulation of transnational crime.
With a diverse group of contributors from law, business and the
social sciences, this book explores the line not only between order
and disorder in global affairs, but also chaos and control,
continuity and change, the core and the margins. The key themes
include: global crises and the role of international law, norms and
institutions; the challenge of pluralism to regulatory clarity; and
critical assessments of taken-for-granted systems and values such
as capitalism, centralised government, de-militarisation and the
separation of powers. The book divides into two key parts. The
first part, `Conceptions', considers the diverse way in which
order/disorder can be conceived in global governance and
regulation. The second part, `Case Studies', groups chapters around
five topic areas: citizens, capitalism, conflict, crime and courts.
The authors here build on the themes presented in the first part by
embedding them within specific areas of international regulation,
such as international criminal law, maritime law or finance
regulation; jurisdictions and regions, such as Australia, Canada,
China, Japan and South Asia; and subject-matter, such as water
resources, citizenship, statelessness and public interest
litigation. This blend of contemporary subject-matter, empirical
studies, multi-disciplinary perspectives and academic theories
provides a comprehensive analysis to current and emerging debates
in the broader global community. In utilizing interdisciplinary
studies to draw out common issues and alternative solutions, the
book will appeal to a wide readership among academics and
policy-makers.
With a diverse group of contributors from law, business and the
social sciences, this book explores the line not only between order
and disorder in global affairs, but also chaos and control,
continuity and change, the core and the margins. The key themes
include: global crises and the role of international law, norms and
institutions; the challenge of pluralism to regulatory clarity; and
critical assessments of taken-for-granted systems and values such
as capitalism, centralised government, de-militarisation and the
separation of powers. The book divides into two key parts. The
first part, `Conceptions', considers the diverse way in which
order/disorder can be conceived in global governance and
regulation. The second part, `Case Studies', groups chapters around
five topic areas: citizens, capitalism, conflict, crime and courts.
The authors here build on the themes presented in the first part by
embedding them within specific areas of international regulation,
such as international criminal law, maritime law or finance
regulation; jurisdictions and regions, such as Australia, Canada,
China, Japan and South Asia; and subject-matter, such as water
resources, citizenship, statelessness and public interest
litigation. This blend of contemporary subject-matter, empirical
studies, multi-disciplinary perspectives and academic theories
provides a comprehensive analysis to current and emerging debates
in the broader global community. In utilizing interdisciplinary
studies to draw out common issues and alternative solutions, the
book will appeal to a wide readership among academics and
policy-makers.
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