Prosecutions of extraterritorial criminal conduct and the abuse of rights doctrine

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Abstract

Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the abuse of rights doctrine in providing a paradigm through which to conceptualise these problems and help protect fair trial rights.
Original languageEnglish
Pages (from-to)68-89
Number of pages22
JournalUtrecht Law Review
Volume9
Issue number4
DOIs
Publication statusPublished - 2013

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prosecution
international law
doctrine
jurisdiction
abuse
paradigm
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abstract = "Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the abuse of rights doctrine in providing a paradigm through which to conceptualise these problems and help protect fair trial rights.",
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Prosecutions of extraterritorial criminal conduct and the abuse of rights doctrine. / Ireland-Piper, Danielle.

In: Utrecht Law Review, Vol. 9, No. 4, 2013, p. 68-89.

Research output: Contribution to journalArticleResearchpeer-review

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