In: Chapter 10, in O.-K. Fauchauld & A. Nollkaemper, eds., The Practice of International and National Courts and the (De-) Fragmentation of International Law (Oxford: Hart Publishing 2012)
Various recent developments within and without the United Kingdom have strengthened the arguments in favour of the adoption of general nationality based criminal jurisdiction. These arise from problems in the application of territorial jurisdiction, increasingly frequent crime-specific reference to nationality based jurisdiction, the development of European Union law, the ever-greater mobility of nationals, the ability to commit crimes remotely, the incorporation of the European Convention of Human Rights and Fundamental Freedoms into United Kingdom law, an evolution in the citizen-state relationship, and the increasing internationalisation of criminal law. It is not suggested that territory should no longer find a central place in the criminal law rather that the original and present arguments in its favour have been greatly weakened and, at the same time, the arguments in favour of nationality based jurisdiction have been strengthened. This article details the present nature of criminal jurisdiction, highlights the deficiencies with territorial jurisdiction and outlines the case in favour of a general nationality based criminal jurisdiction.
The internet presents challenges for private international law. One challenge relates to jurisdiction, which is traditionally based on territory. Transactions on the internet span many borders. When cross-border wrongs are committed they may lead to transnational litigation. This article examines the circumstances in which a court can exercise jurisdiction over a foreign defendant alleged to have committed a civil wrong over the internet. Section I examines the background to jurisdiction and the internet and sets the scope of the topic. Section n gives a brief summary of the internet and its applications. Section HI examines jurisdictional rules in civil wrongs cases.The focus is on two sets of rules commonly applied around the globe: the service abroad provisions and the special jurisdiction provisions. Section IV aims to apply those jurisdictional rules to cases of wrongs committed on the internet. It advances general principles, applicable in cases of cross-border wrongs committed on the internet, relating to the place where a wrong is committed and the place where damage is suffered. Defamation has its own peculiarities and is discussed separately. The issue of whether a court can grant an injunction against a foreign defendant in respect of foreign conduct is explored. The article concludes (in Section V) that existing jurisdictional rules need not be amended in light of the internet, and offers general statements about how jurisdictional rules apply to wrongs committed on the internet.
John D. Haskell & Pamela Slotte / Christianity and international law : an introduction -- Peter Petkoff / The Byzantine Commonwealth and the emerging features of a law of nations in the first millennium -- Tiziana Faitini and Dante Fedele / Christianity and the birth of ambassadorial deontology : some historical notes -- Stefan Stantchev / Formation and refiguration of the canon law on trade with infidels (ca. 1200 - ca. 1600) -- David M. Lantigua / God, sovereignty, and the morality of intervention outside Europe -- Jennifer L. Beard / The significance of Christian charity to international law -- Roland Boer / Hugo Grotius on freedom of the seas and human nature -- Janne E. Nijman / Ius gentium et naturae : the human conscience and early modern international law -- Reut Yael Paz / Legalizing antisemitism? The legacy of savigny's roman(tic) law -- Jedidiah J. Kroncke / Missionary knowledge and the empirical foundation of modern international legal thought -- Andrew Preston / Standards for a righteous and civilized world : religion and America's emergence as a global power -- Udi Greenberg / International Protestantism and its changing religious freedoms -- Linde Lindkvist / Beyond the freedom of worship : the contested meaning of religious freedom in international human rights law and politics, 1945=1967 -- Mark C. Modak-Truran / Process theology and a pluralistic foundation for human rights -- Elena Namli / Christianity and human rights law : Orthodox perspectives -- Nathaniel Berman / Conquest, sacred sites, and "religion" in a time of crisis -- Craig Mousin / Constantine's legacy : preserving empire while undermining international law -- Silas W. Allard / Hopelessly practicing law : asylum seekers, advocates, and hostile jurisdictions -- Akbar Rasulov / The hidden theology of international legal positivism.