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Universal JurisdictionInternational and Municipal Legal Perspectives$
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Luc Reydams

Print publication date: 2004

Print ISBN-13: 9780199274260

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199274260.001.0001

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Universal Jurisdiction

Luc Reydams

Oxford University Press

This chapter outlines an international legal framework for the problem of extraterritorial jurisdiction in general. It begins with the Lotus case of 1927, which remains the only international decision about a State’s right to exercise criminal jurisdiction. It then examines the consequences of ultra vires jurisdiction, as well as possible remedies. The chapter shows the connection between extraterritorial jurisdiction, extradition, and human rights, and then discusses the burden of proof in litigation regarding extraterritorial jurisdiction. It concludes with some reflections on the impacts of globalization on jurisdiction.

Keywords:   universal jurisdiction, extraterritorial jurisdiction, extradition, human rights, burden of proof, globalization

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