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Transformations in Criminal Jurisdiction: Extraterritoriality and Enforcement

Transformations in Criminal Jurisdiction: Extraterritoriality and Enforcement

Author: Micheal O Floinn; Lindsay Farmer; David Ormerod QC
Publisher: Hart Publishing
ISBN: 9781509954223

Published In: August 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509954261

List Price: RMB 1,029.60

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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.

1. Introduction

Micheal O Floinn (University of Glasgow, UK), Lindsay Farmer (University of Glasgow, UK), Julia Hoernle (Queen Mary University of London, UK) and David Ormerod QC (University College London, UK)

2. Text-Driven Jurisdiction in Cyberspace

Mireille Hildebrandt (Vrije Universiteit, Belgium)

3. Historical Trends of Human Rights Gone Criminal Across the Globe

Mattia Pinto (London School of Economics, UK)

4. Criminal Jurisdiction: Territorialising the Extraterritorial

Cedric Ryngaert (University of Utrecht, Netherlands)

5. The Presumption Against Extraterritorial Criminal Jurisdiction

Alejandro Chehtman (University Torcuato di Tella, Argentina)

6. An Umbrella for Dark Clouds - Cross-Border Digital Investigations, Jurisdiction and Safeguards?

Julia Hoernle (Queen Mary University of London, UK)

7. Enforcement Jurisdiction and Globalised Criminal Investigation: Conflict, Comity, Convergence

Katalin Ligeti (University of Luxembourg)