criminal jurisdiction in cyberspace

A Separate Jurisdiction For Cyberspace?

This article analyzes whether the technical characteristics of the Internet should create a separate legal jurisdiction, and if a separate jurisdiction would be beneficial to the Internet. Jurisdiction is a legal term for the limitation on the ability of a court to determine disputes. Generally, a nation state's jurisdiction only extends to individuals who reside within the country or to the tr...

Exercising FOREIGN CRIMINAL JURISDICTION over State officials

Our article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes.  We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime. ...

Piggyback Jurisdiction in the Proposed Federal Criminal Code

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Piggyback Jurisdiction in the Proposed Federal Criminal Code

The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy

In this contribution I address the type of emergency that threatens a state’s monopoly of violence, meaning that the state’s competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of...

Rethinking Jurisdiction in International Law

Jurisdiction has traditionally been considered in international law as purely a question of the rights and powers of states. Conceived in this way, the rules on jurisdiction serve the important function of delimiting (while accepting some overlap of) state regulatory authority – the question of when a person or event may be subject to national regulation – a function which is shared with the co...