Law across borders : the extraterritorial application of United Kingdom law / Paul Arnell.
2012
KD680 .A97 2012 (Map It)
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Details
Author
Title
Law across borders : the extraterritorial application of United Kingdom law / Paul Arnell.
Published
Milton Park, Abingdon, Oxon ; New York : Routledge, 2012.
Call Number
KD680 .A97 2012
ISBN
9780415558617 (hardback)
0415558611 (hardback)
9780203153345 (e-book)
0203153340 (e-book)
0415558611 (hardback)
9780203153345 (e-book)
0203153340 (e-book)
Description
xvi, 196 pages ; 24 cm
System Control No.
(OCoLC)495781663
Summary
"This book examines the extraterritorial application of UK public law. Building upon previous analyses which have focused on a single aspect of extraterritorially applied public law including criminal law, human rights and competition law, this book will examine each field in turn placing them in their context, before drawing them together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments, and explores the important issue of enforcement. It also looks at the authority supporting the restriction of extraterritorial jurisdiction looking at international law, foreign law and practice and comity. It goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be brought to the law. The book will be of interest to students and scholars of public law, international law, human rights, criminal law and competition law"-- Provided by publisher.
"This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author's analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text"-- Provided by publisher.
"This book examines the application of UK Criminal and Human Rights Law to people and circumstances outside the United Kingdom. Building upon previous analyses which have focused on a single aspect of extraterritorially, this book examines the fields of Criminal and Human Rights law as the two main areas of non-private law which are frequently applied across borders. Both fields are placed in context before being drawn together in a coherent and systematic way. The book examines recent law and practice, as well as historic developments and explores the concept of enforcement. The author's analysis includes coverage of topics such as the criminalisation of sex-tourism, the extradition of white-collar criminals and the application of human rights law to Iraq following American and British intervention in the region. Law Across Borders goes on to point the way forward in the development of the extraterritorial application of public law, and suggests ways in which greater coherence can be achieved. This book will be of particular interest to practitioners, academics and scholars of International Law, Human Rights Law and Criminal Law. It is unique in its ambition to offer a comprehensive description and analysis of the extra-territorial application of UK Human Rights Law and Criminal Law in a single text"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Table of cases
x
Note on Al-Skeini and others v the United Kingdom
xv
1.
Introduction
1
Introduction
1
General subject matter
4
Exclusions
6
Forms of application - judicial, legislative and executive
7
Substance of application - criminal and human rights law
10
Criminal law - nature and function
12
Human rights law - nature and function
15
Issues and criticisms
18
Themes
20
Non-UK influence on law across borders
20
The proper law approach to jurisdiction
22
2.
The context
24
The UK border
25
Public international law and practice
29
Jurisdiction in public international law
31
The bases, principles or categories of jurisdiction
34
The conventional context
36
The Council of Europe
41
The European Union
42
The UK overseas
43
3.
UK criminal law across borders
45
The issues
45
History
50
The current law
52
Criminal law applied territorially
53
Relationship-based criminal law
69
Crime-centric criminal law
77
Enforcement
80
Instances of enforcement
83
Territorial connection
84
Relationship-based connection
89
Crime-centric connection
92
Double criminality and other cases
93
4.
UK human rights law across borders
95
The issues
95
History
98
The current law
99
The Convention
99
Three preliminary points
100
ECtHR jurisprudence - extradition and expulsion cases
102
ECtHR jurisprudence - wholly extraterritorial cases
108
The Human Rights Act 1998
111
UK jurisprudence
115
Extradition and expulsion cases
115
Wholly extraterritorial cases
123
Enforcement
130
Extradition and expulsion cases
131
Wholly extraterritorial cases
136
5.
Synthesis: extra-legal context, criticisms, themes and conclusion
141
Introduction
141
Extra-legal context - fundamental differences
141
Extra-legal context - universalist authorities
144
Jurisdictional conflict and approaches thereto
148
Criticisms of UK law applied across borders
150
The criminal law
150
Human rights law
157
Themes
164
Non-UK law and practice - the criminal law
164
Proper law - the criminal law
167
Non-UK law and practice - human rights law
175
Proper law - human rights law
178
Conclusion
182
Final points
183
Index
185