Screen LibraryTransformations in criminal jurisdiction : extraterritoriality and enforcement /
"Can traditional approaches to territorial jurisdiction adapt to the new global reality? Leading experts in criminal law and internet law unite to address this fundamental question. They consider whether this can be done through the development of parallel concepts such as extraterritorial or u...
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| Corporate Authors: | |
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| Group Author: | ; ; ; |
| Published: |
Hart Publishing/ Bloomsbury Publishing Plc,
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| Publisher Address: | Oxford : |
| Publication Dates: | 2023. |
| Literature type: | Book |
| Language: | English |
| Subjects: | |
| Summary: |
"Can traditional approaches to territorial jurisdiction adapt to the new global reality? Leading experts in criminal law and internet law unite to address this fundamental question. They consider whether this can be done through the development of parallel concepts such as extraterritorial or universal jurisdiction, or whether the situation requires completely new kinds of approaches to criminal jurisdiction and transnational crime. The book illuminates the way in which questions of jurisdiction are becoming increasingly important to the investigation, prosecution, and punishment of crime, as with the growth of technology and the internet many crimes no longer take place within neat national boundaries. Increasingly, criminal lawyers grapple with complex answers to seemingly simple questions: - Where was the crime actually committed? - Which body has authority to investigate? - Which court has jurisdiction to hear the case and impose a sentence? Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media. Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges"-- |
| Item Description: | "The essays in this book are the result of papers delivered at the WG Hart Workshop 2021, which was held in May 2021 as an online event"--Acknowledgements. |
| Carrier Form: | xii, 379 pages ; 24 cm |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9781509954223 1509954228 9781509954261 1509954260 |
| Index Number: | K5036 |
| CLC: | D997.9-532 |
| Call Number: | D997.9-532/W111/2021 |
| Contents: | Introduction / Micheál Ó Floinn, Lindsay Farmer, Julia Hörnle and David Ormerod -- The presumption against extraterritorial criminal jurisdiction / Alejandro Chehtman -- Text-driven jurisdiction in cyberspace / Mireille Hildebrandt -- Extraterritorial ambit through offence definitions, technology and economic power / Darryl Brown -- The jurisdictional reach of corporate criminal offences in a globalised economy : effectiveness and guarantees 'taken seriously' / Vincenzo Mongillo -- Extraterritorial criminal jurisdiction in international law : time for an empirical examination / Matthew Garrod -- Human rights as penal drivers across the world / Mattia Pinto -- Enforcement jurisdiction in A-territorial spaces : addressing crime on the high seas and in cyberspace / Cedric Ryngaert -- Fitbit health data, Apple's geodata and Google searches : cross-border law enforcement and the territoriality principle / Uta Kohl -- What triggers the extraterritorial application of fundamental rights? From effective control over territory to state act theory in cross-border surveillance / Julia Hörnle -- Enforcement jurisdiction and CLOUD Act Agreements : clarity or confusion? / Tim Cochrane -- Law enforcement access to encrypted data across borders / Jessica Shurson -- Unexplained wealth orders against politically exposed persons as a response to jurisdictional limitations : problems and potential / Áine Clancy. |