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Universal Jurisdiction Over Drug Offences Case

Federal Republic of Germany.  20 October 1976 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in genera — Relation to municipal law — Conflict between provisions of municipal law and customary international law — Precedence given to rules of international law by Article 25 of Federal Basic La — Whether conflicting rules of municipal law therefore unconstitutional — The law of the Federal Republic of Germany

Jurisdiction — In general — Territorial — Jurisdiction over foreigners — Criminal jurisdiction — In respect of drug offences committed abroad by foreigners — Single Convention on Narcotic Drugs, 1961, Article 36 — Principle of universality of law — Whether application contrary to international law in the absence of specific treaty provision — Whether contrary to principle of non-intervention — Requirement of genuine connecting factor — Whether defined by international law — Conflict between provisions of municipal law and customary international law — Precedence given to rules of international law by Article 25 of Federal Basic Law 1949 — Whether conflicting rules of municipal law therefore unconstitutional — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 1987

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