Hardback
Accountability in Extraterritoriality
A Comparative and International Law Perspective
9781786431776 Edward Elgar Publishing
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
More Information
Critical Acclaim
Contents
More Information
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
Utilising a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction.
While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.
Utilising a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction.
While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.
Critical Acclaim
‘This is a timely and important book on a topic that, despite its great theoretical and practical significance, has received too little academic attention and analysis. Danielle Ireland-Piper’s work is a milestone in documenting, conceptualizing, and understanding extraterritoriality. Her book identifies the many challenges and opportunities in this area of law and provides a catalyst for future law reform and policy change in this field.’
– Andreas Schloenhardt, The University of Queensland, Australia and University of Vienna, Austria
‘Dr. Danielle Ireland-Piper’s Accountability in Extraterritoriality: A Comparative and International Law Perspective is a welcomed addition to the existing literature in the field. This excellent monograph makes an invaluable contribution on a topic – extraterritorial jurisdiction and how we appropriately can restrict it – that only will continue to increase in relevance in coming years. Dr. Ireland-Piper is to be congratulated on managing to write in such a clear and accessible manner on such a complex topic, and for her useful proposals for how this crucial area of law ought to develop.’
– Dan Svantesson, Bond University, Australia
‘This work by Ireland-Piper is welcome, as it explores issues of extraterritorial jurisdiction from a variety of theoretical and practical perspectives. The book provides the reader with a richness of scholarship, academic attention and analysis in this field and it is a must read for anyone with interest in this topic. It makes a very valuable contribution on extraterritorial jurisdiction and how we can appropriately restrict it.’
– Potchefstroom Electronic Law Journal
– Andreas Schloenhardt, The University of Queensland, Australia and University of Vienna, Austria
‘Dr. Danielle Ireland-Piper’s Accountability in Extraterritoriality: A Comparative and International Law Perspective is a welcomed addition to the existing literature in the field. This excellent monograph makes an invaluable contribution on a topic – extraterritorial jurisdiction and how we appropriately can restrict it – that only will continue to increase in relevance in coming years. Dr. Ireland-Piper is to be congratulated on managing to write in such a clear and accessible manner on such a complex topic, and for her useful proposals for how this crucial area of law ought to develop.’
– Dan Svantesson, Bond University, Australia
‘This work by Ireland-Piper is welcome, as it explores issues of extraterritorial jurisdiction from a variety of theoretical and practical perspectives. The book provides the reader with a richness of scholarship, academic attention and analysis in this field and it is a must read for anyone with interest in this topic. It makes a very valuable contribution on extraterritorial jurisdiction and how we can appropriately restrict it.’
– Potchefstroom Electronic Law Journal
Contents
Contents: 1. Introduction 2. Principles of Jurisdiction 3. Principles of Jurisdictional Restraint 4. Australia and Extraterritorial Jurisdiction 5. India and Extraterritorial Jurisdiction 6. The United States and Extraterritorial Jurisdiction 7. Conclusions Index
