Jurisdiction in International Law
By (author) Cedric Ryngaert
Jurisdiction in International Law by Cedric Ryngaert
Book DescriptionThis book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations, in the interest of the international community, if the State having primary jurisdiction fails to assume its responsibility.
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Book DetailsISBN: 9780199544714
(241mm x 163mm x 20mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 2-Oct-2008
Country of Publication: United Kingdom
Books By Author Cedric Ryngaert
Judicial Decisions on the Law of International Organizations, Hardback (March 2016)
The first casebook of its kind Judicial Decisions on the Law of International Organizations contains relevant excerpts of leading court opinions and decisions on the law of international organizations (international institutional law) and critical commentaries written by leading experts in the field.
Jurisdiction in International Law, Hardback (April 2015)
This book, now in its second edition, analyses development across antitrust, criminal, and human rights law. Explores how the principles of sovereignty and territoriality have been undermined, and develops a new theory of international jurisdiction based on the concept of subsidiarity
International Prosecutors, Hardback (May 2012)» View all books by Cedric Ryngaert
The prosecution plays a crucial part in any international war crimes trial, but its role is rarely analysed. This book will assess the work of the prosecutor in a dozen international criminal courts and tribunals, setting out the applicable rules and analysing his or her independence, accountability, and political impact.
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Author Biography - Cedric Ryngaert
Cedric Ryngaert is a Lecturer in international law at the Universities of Utrecht and Leuven, he co-ordinates the Belgian case reports for OUP's International Law in Domestic Courts service.
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