Kenneth S. Gallant

International Criminal Jurisdiction (eBook, ePUB)

Whose Law Must We Obey?

• Format: ePub

Produktbeschreibung

International Criminal Jurisdiction is a treatise for anyone conducting research into how domestic and international regimes create and enforce rules for personal and subject matter jurisdiction in transnational or international criminal cases. It is the only such treatise in English on this topic. Attorneys representing corporate executives in white collar criminal cases will be able to use this book to construct challenges to a foreign court's exercise of jurisdiction over those clients. Legal scholars wishing to critique foreign domestic courts for defying suppression treaties will find in this book information on how and why those courts are doing so. Law students will turn to this book for distinctions between international criminal tribunals and domestic courts in the exercise of personal jurisdiction over government officials. The book provides complete details on how domestic legislatures and the U.N. have created statutory and treaty-based rules expanding or even limiting courts' and tribunals' jurisdiction over certain crimes and certain categories of defendants. This research serves the book's function as a thorough guide to jurisdictional questions that arise when criminal acts or criminals cross borders. Questions include whether a defendant possesses standing to challenge an international tribunal's personal jurisdiction over him, what happens when a given domestic regime neglects to criminalize conduct prohibited by a new treaty, and why some domestic courts choose not to exercise extraterritorial jurisdiction.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 496
• Erscheinungstermin: 6. Mai 2022
• Englisch
• ISBN-13: 9780190662769
• Artikelnr.: 63794118

Autorenporträt

Kenneth S. Gallant is the Ben J. Altheimer Distinguished Professor Emeritus, University of Arkansas at Little Rock William H. Bowen School of Law, where he taught criminal law and international law.

Inhaltsangabe

* IAcknowledgments
* IAbbreviations
* PART ONE THE QUESTION AND ITS CONTEXT
* 1: The Question of Jurisdiction
* 2: The National and International Law of Criminal Jurisdiction:
Structure and Sources
* PART TWO INTERNATIONAL AND COMPARATIVE CRIMINAL JURISDICTION: THE
STANDARD MODEL
* 3: The Standard Model of Criminal Jurisdiction: Introduction and
General Issues
* 4: The Territorial Principle
* 5: The Nationality Principle
* 6: The Protective Principle
* 7: The Passive Personality Principle
* 8: The Universality Principle
* 9: Challenges to the Standard Model
* 10: Summary: The International Law of Criminal Jurisdiction Today,
Its Sources, and the Individual's Place in It
* PART THREE THREE ESSAYS ON CRIMINAL JURISDICTION
* 11: Jurisdiction, Individual Choice, and the Principle of Guilt
(Schuldprinzip): A Substansive Criminal Law Approach
* 12: Outsiders, Responsibility to Answer for Crime: An Approach from
Legal Philosophy
* 13: Jurisdiction and Legality
* PART FOUR CONCLUSION
* 14: Conclusion: Where Might We Go From Here?
* ITable of Authorities (Constitutions, Statutes, Cases, Treaties, and
other documents)
* IBibliography
* IIndex