"Can traditional approaches to territorial jurisdiction adapt to the new global reality? Leading experts in criminal law and internet law unite to address this fundamental question. They consider whether this can be done through the development of parallel concepts such as extraterritorial or universal jurisdiction, or whether the situation requires completely new kinds of approaches to criminal jurisdiction and transnational crime. The book illuminates the way in which questions of jurisdiction are becoming increasingly important to the investigation, prosecution, and punishment of crime, as…mehr
"Can traditional approaches to territorial jurisdiction adapt to the new global reality? Leading experts in criminal law and internet law unite to address this fundamental question. They consider whether this can be done through the development of parallel concepts such as extraterritorial or universal jurisdiction, or whether the situation requires completely new kinds of approaches to criminal jurisdiction and transnational crime. The book illuminates the way in which questions of jurisdiction are becoming increasingly important to the investigation, prosecution, and punishment of crime, as with the growth of technology and the internet many crimes no longer take place within neat national boundaries. Increasingly, criminal lawyers grapple with complex answers to seemingly simple questions: - Where was the crime actually committed? - Which body has authority to investigate? - Which court has jurisdiction to hear the case and impose a sentence? Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media. Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges"--
Micheál Ó Floinn is Senior Lecturer in Law at the University of Glasgow, UK. Lindsay Farmer is Professor of Law at the University of Glasgow, UK. Julia Hörnle is Professor of Internet Law at Queen Mary University of London, UK. David Ormerod CBE, KC is Professor of Criminal Law at University College London, UK.
Inhaltsangabe
Introduction Micheál Ó Floinn (University of Glasgow UK) Lindsay Farmer (University of Glasgow UK) Julia Hörnle (Queen Mary University of London UK) and David Ormerod (University College London UK) Part One: Prescriptive Jurisdiction 1. The Presumption against Extraterritorial Criminal Jurisdiction Alejandro Chehtman (Universidad Torcuato Di Tella Argentina) 2. Text-Driven Jurisdiction in Cyberspace Mireille Hildebrandt (Vrije Universiteit Brussels Belgium) 3. Extraterritorial Ambit through Offence Definitions Technology and Economic Power Darryl Brown (University of Virginia USA) 4. The Jurisdictional Reach of Corporate Criminal Offences in a Globalised Economy: Effectiveness and Guarantees 'Taken Seriously' Vincenzo Mongillo (Unitelma Sapienza University of Rome Italy) 5. Extraterritorial Criminal Jurisdiction in International Law: Time for an Empirical Examination Matthew Garrod (University of Sussex UK) 6. Human Rights as Penal Drivers across the World Mattia Pinto (University of York UK) Part Two: Enforcement Jurisdiction 7. Enforcement Jurisdiction in A-territorial Spaces: Addressing Crime on the High Seas and in Cyberspace Cedric Ryngaert (Utrecht University the Netherlands) 8. Fitbit Health Data Apple's Geodata and Google Searches: Cross-Border Law Enforcement and the Territoriality Principle Uta Kohl (University of Southampton UK) 9. What Triggers the Extraterritorial Application of Fundamental Rights? From Effective Control Over Territory to State Act Theory in Cross-Border Surveillance Julia Hörnle (Queen Mary University of London UK) 10. Enforcement Jurisdiction and CLOUD Act Agreements: Clarity or Confusion? Tim Cochrane (University of Cambridge UK) 11. Law Enforcement Access to Encrypted Data across Borders Jessica Shurson (University of Sussex UK) 12. Unexplained Wealth Orders against Politically Exposed Persons as a Response to Jurisdictional Limitations: Problems and Potential Áine Clancy (University of Sheffield UK)
Introduction Micheál Ó Floinn (University of Glasgow UK) Lindsay Farmer (University of Glasgow UK) Julia Hörnle (Queen Mary University of London UK) and David Ormerod (University College London UK) Part One: Prescriptive Jurisdiction 1. The Presumption against Extraterritorial Criminal Jurisdiction Alejandro Chehtman (Universidad Torcuato Di Tella Argentina) 2. Text-Driven Jurisdiction in Cyberspace Mireille Hildebrandt (Vrije Universiteit Brussels Belgium) 3. Extraterritorial Ambit through Offence Definitions Technology and Economic Power Darryl Brown (University of Virginia USA) 4. The Jurisdictional Reach of Corporate Criminal Offences in a Globalised Economy: Effectiveness and Guarantees 'Taken Seriously' Vincenzo Mongillo (Unitelma Sapienza University of Rome Italy) 5. Extraterritorial Criminal Jurisdiction in International Law: Time for an Empirical Examination Matthew Garrod (University of Sussex UK) 6. Human Rights as Penal Drivers across the World Mattia Pinto (University of York UK) Part Two: Enforcement Jurisdiction 7. Enforcement Jurisdiction in A-territorial Spaces: Addressing Crime on the High Seas and in Cyberspace Cedric Ryngaert (Utrecht University the Netherlands) 8. Fitbit Health Data Apple's Geodata and Google Searches: Cross-Border Law Enforcement and the Territoriality Principle Uta Kohl (University of Southampton UK) 9. What Triggers the Extraterritorial Application of Fundamental Rights? From Effective Control Over Territory to State Act Theory in Cross-Border Surveillance Julia Hörnle (Queen Mary University of London UK) 10. Enforcement Jurisdiction and CLOUD Act Agreements: Clarity or Confusion? Tim Cochrane (University of Cambridge UK) 11. Law Enforcement Access to Encrypted Data across Borders Jessica Shurson (University of Sussex UK) 12. Unexplained Wealth Orders against Politically Exposed Persons as a Response to Jurisdictional Limitations: Problems and Potential Áine Clancy (University of Sheffield UK)
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