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Territorial Jurisdiction Over Cross-frontier Offences: Revisiting a Classic Problem of International Criminal Law

Territorial Jurisdiction Over Cross-frontier Offences: Revisiting a Classic Problem of... <jats:sec><jats:title>Abstract</jats:title><jats:p>The principle of territoriality is the cornerstone of the law of criminal jurisdication. The question arises, however, how the principle ought to be applied to cross-frontier offences which have connections to more than one territory. It is demonstrated that, from a study of six Western States, it transpires that the constituent elements approach (pursuant to which jurisdiction is found as soon as a constituent element of the crime has occurred on the territory) is the dominant approach, with the exception of England. As far as cross-frontier participation and inchoate offences are concerned, however, solutions diverge considerably among States.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Territorial Jurisdiction Over Cross-frontier Offences: Revisiting a Classic Problem of International Criminal Law

International Criminal Law Review , Volume 9 (1): 187 – Jan 1, 2009

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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181209X398880
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>The principle of territoriality is the cornerstone of the law of criminal jurisdication. The question arises, however, how the principle ought to be applied to cross-frontier offences which have connections to more than one territory. It is demonstrated that, from a study of six Western States, it transpires that the constituent elements approach (pursuant to which jurisdiction is found as soon as a constituent element of the crime has occurred on the territory) is the dominant approach, with the exception of England. As far as cross-frontier participation and inchoate offences are concerned, however, solutions diverge considerably among States.</jats:p> </jats:sec>

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2009

Keywords: CROSS-FRONTIER OFFENCES; CONSTITUENT ELEMENTS APPROACH; INCHOATE OFFENCES; JURISDICTION; TERRITORIALITY PRINCIPLE; PARTICIPATION

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