TY - CHAP
T1 - Japan and extraterritorial criminal jurisdiction
AU - Ireland-Piper, Danielle
AU - Kanetake, Machiko
PY - 2021/7
Y1 - 2021/7
N2 - Chapter Four considers the exercise of extraterritorial criminal jurisdiction in Japan. We include a brief historical overview and introduce the constitutional landscape serving as backdrop to exercises of extraterritoriality. Legislation asserting extraterritorial jurisdiction is then considered, as is the approach of Japanese courts to extraterritorial jurisdiction. We conclude with observations, including that Japan has a strong reliance on the nationality principle and that Japanese courts seem to accept that jurisdictional claims can have primacy, but are not exclusive and therefore, can give rise to competing claims.
AB - Chapter Four considers the exercise of extraterritorial criminal jurisdiction in Japan. We include a brief historical overview and introduce the constitutional landscape serving as backdrop to exercises of extraterritoriality. Legislation asserting extraterritorial jurisdiction is then considered, as is the approach of Japanese courts to extraterritorial jurisdiction. We conclude with observations, including that Japan has a strong reliance on the nationality principle and that Japanese courts seem to accept that jurisdictional claims can have primacy, but are not exclusive and therefore, can give rise to competing claims.
UR - http://www.scopus.com/inward/record.url?scp=85129901176&partnerID=8YFLogxK
U2 - 10.4337/9781788976664.00009
DO - 10.4337/9781788976664.00009
M3 - Chapter
SN - 9781788976657
SP - 78
EP - 107
BT - Extraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea
A2 - Ireland-Piper, Danielle
PB - Edward Elgar Publishing
CY - Cheltenham
ER -