Strategic approaches to extraterritorial jurisdiction in Latin America

Alejandro Chehtman

Chapter 11 in Research Handbook on Extraterritoriality in International Law, 2023, pp 180-194 from Edward Elgar Publishing

Abstract: This chapter identifies the main strategies pursued by domestic authorities in Latin America both in terms of extending their criminal jurisdiction extraterritorially and of reacting to extraterritorial jurisdiction of foreign powers. On the one hand, it argues that, despite having expansive provisions on extraterritoriality in their domestic laws, national authorities have generally shown little appetite for prosecuting crimes extraterritorially. Furthermore, in the few cases such appetite existed, geo-political considerations have contributed to undermining effective prosecutions. On the other hand, it suggests that while local authorities have actively endorsed the extraterritorial prosecution by foreign courts in cases of local threats challenging the hegemony of local elites, they have non-confrontationally resisted (mainly US) extraterritorial prosecutions when they touched upon their interests. Ultimately, the chapter argues that the prevailing approach to extraterritorial criminal jurisdiction can be traced to the interests, self-perception, and political sensibilities of the Latin American (creole) elites.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781800885592.00019 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:20680_11

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().