The expansion of treaty-based extraterritorial criminal jurisdiction
Matthew Garrod
Chapter 15 in Research Handbook on Extraterritoriality in International Law, 2023, pp 236-268 from Edward Elgar Publishing
Abstract:
This chapter aims to provide the comprehensive and systematic examination of treaty-based extraterritorial jurisdiction that has been noticeably lacking in scholarship during the last century. The chapter is empirical: it is informed by a worldwide survey of treaty practice, stretching from 1937 to 2017, including the examination of corresponding preparatory works and official commentaries and the implementation of treaty law in subsequent State practice. Informed by a wealth of primary data sources, this chapter makes several new and important contributions to the field. In particular, it shows that since the period of the League of Nations, treaty-based extraterritorial jurisdiction has been persistently, if quietly and incoherently, expanding over that time in a number of discernible dimensions. Moreover, extraterritorial jurisdiction in treaty-making is established independent of rules of customary international law on extraterritorial jurisdiction. The categories of jurisdiction in treaty form may be distinguished from customary rules on extraterritorial jurisdiction in important respects.
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/10.4337/9781800885592.00024 (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_15
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 ().