
Contents
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I. Introduction I. Introduction
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II. Criminal Jurisdiction II. Criminal Jurisdiction
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III. Jurisdiction in Economic Matters III. Jurisdiction in Economic Matters
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IV. Conclusion IV. Conclusion
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Cite
Abstract
This chapter examines the role played by domestic courts in the further development of the international law of jurisdiction. The law of jurisdiction has been developed in particular in criminal law and, to a lesser extent, in economic law (including antitrust and competition law). The chapter first considers a number of recent criminal cases, focusing on the contentious universality principle but also looking at two cases that gave an expansive interpretation to the territoriality and personality principles. It then discusses the reach of states’ economic laws, which are interpreted to be subject to public international law rules of jurisdiction developed in the field of criminal law. The cases reviewed show that domestic courts are often reluctant to review the reach of domestic law in light of the international law of jurisdiction, and that they may embark on justificatory analysis in case domestic law is in accordance with international law.
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