Book contents
- Frontmatter
- Contents
- 1 Introduction
- 2 Taxation
- 3 Money Laundering and Counterterrorism Financial Enforcement
- 4 Transnational Corruption
- 5 Transnational Organized Crime
- 6 Export Control and Economic Sanctions
- 7 Extraterritorial Jurisdiction
- 8 International Evidence Gathering
- 9 Extradition and Alternatives
- 10 International Prisoner Transfer
- 11 The United Nations
- 12 The World Bank Group
- 13 INTERPOL
- 14 Economic Integration and Business Crimes
- Index
- References
7 - Extraterritorial Jurisdiction
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- 1 Introduction
- 2 Taxation
- 3 Money Laundering and Counterterrorism Financial Enforcement
- 4 Transnational Corruption
- 5 Transnational Organized Crime
- 6 Export Control and Economic Sanctions
- 7 Extraterritorial Jurisdiction
- 8 International Evidence Gathering
- 9 Extradition and Alternatives
- 10 International Prisoner Transfer
- 11 The United Nations
- 12 The World Bank Group
- 13 INTERPOL
- 14 Economic Integration and Business Crimes
- Index
- References
Summary
Introduction and Hypotheticals
Globalization, the information revolution, and the proliferation of free trade have facilitated the spread of transnational crime, including white collar crime. As the geographical reach of crime has expanded, so too have the efforts of governments to expand jurisdiction over crimes with international elements. This chapter examines the bases for extraterritorial jurisdiction, especially as they relate to white collar crime, and various mechanisms used to limit the inevitable conflicts that arise from concurrent assertions of jurisdiction. This chapter also discusses limitations on the power to enforce and adjudicate related to the immunities of states, diplomats, consuls, international organizations, and their officials.
National criminal law is based on the principle of territorial sovereignty of the state. This principle requires courts within a particular state to apply its criminal law, whereas in civil or commercial cases domestic courts sometimes apply foreign laws. The inability of domestic courts to apply foreign law in criminal cases makes jurisdictional conflicts more important and more difficult to resolve. In the same vein, the potential for diplomatic conflicts when other states are denied the ability to assert their criminal jurisdiction is much greater than in civil cases.
When analyzing trends in national criminal jurisdiction, it is useful to distinguish among the following categories: (1) jurisdiction to prescribe (also referred to as legislative jurisdiction), (2) jurisdiction to enforce (or executive or enforcement jurisdiction), and (3) jurisdiction to adjudicate.
- Type
- Chapter
- Information
- International White Collar CrimeCases and Materials, pp. 218 - 255Publisher: Cambridge University PressPrint publication year: 2010