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OverviewAfter 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. Full Product DetailsAuthor: Luc Reydams (, Adjunct Assistant Professor, University of Notre Dame, Department of Political Science)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 15.60cm , Height: 1.60cm , Length: 23.40cm Weight: 0.452kg ISBN: 9780199274260ISBN 10: 0199274266 Pages: 500 Publication Date: 05 August 2004 Audience: Professional and scholarly , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsIntroduction Part I. Universal Jurisdiction in International Law 1: Working Frame A. Lotus case B. Absence of global convention C. Consequences of ultra vires Jurisdiction and Remedies D. Jurisdiction, Extradition, and Human Rights E. Burden of Proof F. Principles of Jurisdiction G. Forms of Jurisdiction H. Jurisdiction and Globalization Summary 2: Doctrine A. The Co-operative General Universality Principle B. The Co-operative Limited Universality Principle C. The Unilateral Limited Universality Principle Summary 3: International Texts A. Multilateral Conventions B. Resolutions of Intergovernmental Bodies C. Official Drafts and Studies Part II. Universal Jurisdiction in Municipal Law Introduction 4: Australia 5: Austria 6: Belgium 7: Canada 8: Denmark 9: France 10: Germany 11: The Netherlands 12: Israel 13: Senegal 14: Spain 15: Switzerland 16: The United Kingdom 17: The United States Conclusions Postscript Bibliography IndexReviews... meticulously and comprehensively navigates the discourse over a nation-state's authority to prosecute an alleged international criminal ... I am unaware of any other study of universal jurisdiction offering as extensive a compilation and critique of the relevant domestic law. The American Journal of International Law Reydams provides an excellent historical overview of the development of the principle [of universal jurisdiction]. ...[his] book offers a clear counterpoint to those on both ends of the political spectrum who overstate and celebrate the extent of universal jurisdiction and those who overstate and fear it. International Affairs Author InformationLuc Reydams is Adjunct Assistant Professor at the University of Notre Dame. Tab Content 6Author Website:Countries AvailableAll regions |
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