Hardback
Extraterritoriality in East Asia
Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea
9781788976657 Edward Elgar Publishing
Extraterritoriality in East Asia examines the approaches of China, Japan and South Korea to exercising legal authority over crimes committed outside their borders, known as ‘extraterritorial jurisdiction’. It considers themes of justiciability and approaches to international law, as well as relevant examples of legislation and judicial decision-making, to offer a deeper understanding of the topic from the perspective of this legally, politically and economically significant region.
More Information
Critical Acclaim
Contents
More Information
Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region.
Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea.
Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.
Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea.
Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.
Critical Acclaim
‘Ireland-Piper’s book brings together three nations that have been under-studied in the English language literature, both individually and comparatively. Through concise and eloquent writing, Ireland-Piper has amply achieved her two stated aims. Readers will gain a contextualised understanding of how extraterritorial jurisdiction (especially vis-à-vis prescriptive extraterritorial criminal jurisdiction) operates in the three nations, and appreciate the convergences and divergences between them. In short, this book equips readers with a solid starting point for further research into this important subject.’
– Jianlin Chen, Australian Journal of Asian Law
‘In Extraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea, Danielle Ireland-Piper has again demonstrated her comprehensive knowledge, and sharp analysis, of some of the most complex and most pressing legal issues of our time. Her insights, combined with those of her co-authors, and the clarity with which she expresses them, creates an invaluable resource both for those seeking to understand the law as it stands and for those who ponder how it can be improved.’
– Dan Svantesson, Bond University, Australia
‘A fabulous resource. Significant literature assesses the extraterritorial application of criminal law and the uses of extraterritorial jurisdiction by the United States and Europe. Few English language resources, however, analyze the phenomenon elsewhere. This terrific book—thoughtful in its approach and carefully balanced in its analysis—fills an important gap, providing a glimpse into East Asia practices. Through three country studies, the book provides a rich exploration of the uses of extraterritorial criminal jurisdiction within specific constitutional contexts, while touching on implications for international law’s jurisdictional principles. Danielle Ireland-Piper has crafted a must-read for those wanting to understand how extraterritorial criminal jurisdiction operates in China, Japan, and South Korea.’
– Austen Parrish, Indiana University, Maurer School of Law, US
– Jianlin Chen, Australian Journal of Asian Law
‘In Extraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea, Danielle Ireland-Piper has again demonstrated her comprehensive knowledge, and sharp analysis, of some of the most complex and most pressing legal issues of our time. Her insights, combined with those of her co-authors, and the clarity with which she expresses them, creates an invaluable resource both for those seeking to understand the law as it stands and for those who ponder how it can be improved.’
– Dan Svantesson, Bond University, Australia
‘A fabulous resource. Significant literature assesses the extraterritorial application of criminal law and the uses of extraterritorial jurisdiction by the United States and Europe. Few English language resources, however, analyze the phenomenon elsewhere. This terrific book—thoughtful in its approach and carefully balanced in its analysis—fills an important gap, providing a glimpse into East Asia practices. Through three country studies, the book provides a rich exploration of the uses of extraterritorial criminal jurisdiction within specific constitutional contexts, while touching on implications for international law’s jurisdictional principles. Danielle Ireland-Piper has crafted a must-read for those wanting to understand how extraterritorial criminal jurisdiction operates in China, Japan, and South Korea.’
– Austen Parrish, Indiana University, Maurer School of Law, US
Contents
Contents: 1. Introduction: Danielle Ireland-Piper 2. Recapping principles of jurisdiction at international law: Danielle Ireland-Piper 3. China and extraterritorial criminal jurisdiction: Sanzhuan Guo and Danielle Ireland-Piper 4. Japan and extraterritorial criminal jurisdiction: Danielle Ireland-Piper and Machiko Kanetake 5. South Korea and extraterritorial criminal jurisdiction: Heetae (Andrew) Bae and Danielle Ireland-Piper 6. Convergence and divergence in the regulation of extraterritorial criminal jurisdiction in China, Japan, and South Korea: Danielle Ireland-Piper Index
