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date: 01 December 2020

Abstract and Keywords

This chapter examines criminal jurisdiction from the vantage point of both international law and criminal law. It explores the basic legal framework, namely, the principles of territoriality, nationality, passive personality, and protection, along with some of the less central bases including vicarious jurisdiction, fraude à la loi, and jurisdiction over organized or transnational criminality. It shows that there are important connections between the conceptual and the normative dimensions of these jurisdictional bases and suggests that the question of jurisdiction is not only an aspect of the mutual relations between states, but also a substantive issue concerning the scope of the right of each state to criminalize and punish certain behaviors. Finally, it claims that it is much harder to provide a unified account of the way in which criminal jurisdiction is currently regulated both as a matter of domestic and international law than may be thought before detailed examination.

Keywords: criminal jurisdiction, international law, criminal law, territoriality, nationality, passive personality, fraude à la loi, comity, punishment, criminal responsibility

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