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Part C Enforcement, 16 Legal Assistance

From: An Introduction to Transnational Criminal Law

Neil Boister

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From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Activities such as the gathering of evidence, the service of legal documents, and the recovery of assets extraterritorially are exercises in enforcing jurisdiction. States cannot undertake them unilaterally; their powers are limited by the general principle that enforcement of jurisdiction is territorial. These activities require more formal cooperation than police-to-police cooperation because they involve judicial processes. States are thus compelled to seek legal assistance (mutual legal assistance, judicial cooperation) from the territorial state to enforce...
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