Product Description
Table of Contents
Additional Information
Can traditional approaches to criminal jurisdiction adapt to the new global reality of the digital era? In this innovative book, leading experts in criminal, international and internet law unite to address this fundamental question. They consider how jurisdictional regimes are orientated around concepts of territoriality and extraterritoriality, how these categories are increasingly blurred in the digital era, and how a range of jurisdictional transformations are occurring in the process. Part I presents novel doctrinal, empirical and theoretical perspectives on criminal jurisdiction, exploring how states are shaping and reimagining jurisdictional concepts in the crafting and interpretation of criminal offences, and the ramifications of increasing jurisdictional concurrency in state practice. Part II focuses on the investigative and enforcement powers of the state to assess how these issues are transforming traditional understandings of jurisdictional rules and boundaries, the challenges and opportunities that these present for law enforcement authorities, and the sorts of constraints and safeguards that may be necessary as a result. The picture that emerges is a world of jurisdictional rules in a state of flux, which demands the diversity of legal perspectives presented in this book for documenting, rationalising and moving beyond the transformations that are taking shape in modern statecraft.
Introduction, Micheal O Floinn (University of Glasgow, UK), Lindsay Farmer (University of Glasgow, UK), Julia Hoernle (Queen Mary University of London, UK) and David Ormerod (University College London, UK) Part One: Prescriptive Jurisdiction 1. The Presumption against Extraterritorial Criminal Jurisdiction, Alejandro Chehtman (Universidad Torcuato Di Tella, Argentina) 2. Text-Driven Jurisdiction in Cyberspace, Mireille Hildebrandt (Vrije Universiteit Brussels, Belgium) 3. Extraterritorial Ambit through Offence Definitions, Technology and Economic Power, Darryl Brown (University of Virginia, USA) 4. The Jurisdictional Reach of Corporate Criminal Offences in a Globalised Economy: Effectiveness and Guarantees 'Taken Seriously', Vincenzo Mongillo (Unitelma Sapienza University of Rome, Italy) 5. Extraterritorial Criminal Jurisdiction in International Law: Time for an Empirical Examination, Matthew Garrod (University of Sussex, UK) 6. Human Rights as Penal Drivers across the World, Mattia Pinto (University of York, UK) Part Two: Enforcement Jurisdiction 7. Enforcement Jurisdiction in A-territorial Spaces: Addressing Crime on the High Seas and in Cyberspace, Cedric Ryngaert (Utrecht University, the Netherlands) 8. Fitbit Health Data, Apple's Geodata and Google Searches: Cross-Border Law Enforcement and the Territoriality Principle, Uta Kohl (University of Southampton, UK) 9. What Triggers the Extraterritorial Application of Fundamental Rights? From Effective Control Over Territory to State Act Theory in Cross-Border Surveillance, Julia Hoernle (Queen Mary University of London, UK) 10. Enforcement Jurisdiction and CLOUD Act Agreements: Clarity or Confusion? Tim Cochrane (University of Cambridge, UK) 11. Law Enforcement Access to Encrypted Data across Borders, Jessica Shurson (University of Sussex, UK) 12. Unexplained Wealth Orders against Politically Exposed Persons as a Response to Jurisdictional Limitations: Problems and Potential, Aine Clancy (University of Sheffield, UK)
Author(s) | Edited by Micheal O Floinn (University of Glasgow, UK), Lindsay Farmer (University of Glasgow, UK), Julia Hoernle (Queen Mary University of London, UK), David Ormerod KC (University College London, UK). |
---|---|
Publisher | Bloomsbury Publishing PLC |
ISBN | 9781509954223 |
Format | Hardback |
Pages | 400 |
Published in | United Kingdom |
Published | 24 Aug 2023 |
Availability | POD |
Practice Area
-
Company, commercial & competition
- Agency law
- Aviation law
- Commercial law
- Company law
- Company, commercial & competition law
- Competition law \ Antitrust law
- Construction & engineering law
- Contract law
- E-commerce law
- Energy & natural resources law
- Franchising law
- Outsourcing law
- Partnership law
- Procurement law
- Sale of goods law
- Shipping law
-
Constitutional & administrative
- Asylum law
- Citizenship & nationality law
- Constitutional & administrative law
- Election law
- Freedom of expression law
- Freedom of information law
- Government powers
- Human rights & civil liberties law
- Immigration law
- Judicial review
- Local government law
- Military & defence law
- Parliamentary & legislative practice
- Privacy law
-
Criminal law & procedure
- Criminal justice law
- Criminal law & procedures
- Criminal procedure
- Criminal procedure: law of evidence
- Fraud
- Harassment law
- Juvenile criminal law
- Offences against property
- Offences against public health, safety, order
- Offences against the government
- Offences against the person
- Police law & police procedures
- Road traffic law, motoring offences
- Sentencing & punishment
- Terrorism law
- Employment & labour
- Environment, transport & planning
- Equity & trusts
- Family
- Financial
- IT & Communications
- Intellectual property
-
International
- Customary law
- Diplomatic law
- International
- International arbitration
- International communications & telecommunications law
- International courts & procedures
- International criminal law
- International economic & trade law
- International environmental law
- International human rights law
- International humanitarian law
- International law
- International law of territory & statehood
- International law of transport, communications & commerce
- International law reports
- International maritime law
- International organisations & institutions
- International space & aerospace law
- Investment treaties & disputes
- Jurisdiction & immunities
- Law of the sea
- Private international law & conflict of laws
- Public international law
- Responsibility of states & other entities
- Settlement of international disputes
- Tariffs
- Transnational commercial law
- Treaties & other sources of international law
-
Jurisprudence & general
- Advocacy
- Civil codes \ Civil law
- Common law
- Comparative law
- Criminology: legal aspects
- Ecclesiastical (canon) law
- Gender & the law
- Islamic law
- Jurisprudence & general issues
- Jurisprudence & philosophy of law
- Law & society
- Law as it applies to other professions
- Legal ethics & professional conduct
- Legal history
- Legal profession: general
- Legal skills & practice
- Paralegals & paralegalism
- Roman law
- Systems of law
- Law - other
- Law: study & revision guides
- Laws of Specific jurisdictions
-
Legal system
- Arbitration, mediation & alternative dispute resolution
- Civil procedure, litigation & dispute resolution
- Civil procedure: law of evidence
- Civil remedies
- Courts & procedure
- Damages & compensation
- Injunctions & other orders
- Judicial powers
- Legal system: costs & funding
- Legal system: general
- Legal system: law of contempt
- Regulation of legal profession
- Restitution
- Primary sources
- Private \ Civil law: general works
- Property
- Social
- Taxation & duties
- Torts & Delicts
- Wills & probate \ Succession
My Cart
You have no items in your shopping cart.