Universal Jurisdiction: International and Municipal Legal Perspectives

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Luc Reydams (, Adjunct Assistant Professor, University of Notre Dame, Department of Political Science)

Universal Jurisdiction

International and Municipal Legal Perspectives

Luc Reydams (, Adjunct Assistant Professor, University of Notre Dame, Department of Political Science)

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English

Oxford University Press
01 September 2003

International relations; Human rights; International law of territory & statehood; International human rights law; Criminal law & procedure

Series: Oxford Monographs in International Law

After centuries of near dormancy, the concept of 'universal jurisdiction' has suddenly become an important legal tool in the international campaign against impunity. 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, or was not, 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, national and international.

By: Luc Reydams ( Adjunct Assistant Professor University of Notre Dame Department of Political Science)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 162mm, Spine: 20mm
Weight: 553g
ISBN: 9780199251629
ISBN 10: 0199251622
Series: Oxford Monographs in International Law
Pages: 286
Publication Date: 01 September 2003
Audience: Professional and scholarly , Professional and scholarly , Postgraduate, Research & Scholarly , Undergraduate , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction 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 2: Doctrine A. The co-operative general universality principle B. The co-operative limited universality principle C. The unilateral limited universality principle 3: International Texts A. Multilateral conventions B. Resolutions of intergovernmental bodies C. Official drafts and studies Part II. Universal Jurisdiction in Municipal Law 4: Australia 5: Austria 6: Belgium 7: Canada 8: Denmark 9: France 10: Germany 11: Netherlands 12: Israel 13: Senegal 14: Spain 15: Switzerland 16: United Kingdom 17: United States

Luc Reydams is Adjunct Assistant Professor at the University of Notre Dame.

Reviews for Universal Jurisdiction: International and Municipal Legal Perspectives

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 ... a sober-minded treatise that maps out the present doctrine of universal jurisdiction as practised by a number of leading Western states. Times Literary Supplement ... the first full-length monograph in English on this controversial area of law ... there is a great deal to admire in this book. The amount of research is highly impressive. By bringing to light a number of national cases of the prosecution of international crimes, and including translated extracts from those cases in the work, Reydams has assisted scholars a great deal. Journal of Conflict & Security Law