Part III Enforcement, 16 Jurisdiction over Transnational Crime
- Human rights — Immunity from jurisdiction — Aut dedere aut judicare — Jurisdiction — Territoriality — Jurisdiction of states, extra-territorial
This chapter is principally concerned with the role transnational criminal law plays in the extraterritorial expansion by states of their jurisdiction in order to suppress crimes that occur, in whole or in part, abroad. It examines the various principles embodied in provisions of the suppression conventions and used as the basis for that extension: territoriality and its variations, nationality, passive personality, protective jurisdiction, jurisdiction conditional on non-extradition, and (controversially) universality. Finally it looks at problems of concurrent jurisdiction and immunity from jurisdiction. The chapter begins, however, by looking at the distinction between establishing and enforcing jurisdiction and limitations on jurisdiction over transnational crime.