Law across borders : the extraterritorial application of United Kingdom law
Published: | London [u.a.] : Routledge, 2012 |
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Persons: | |
Format: | Book / Printed Book |
Language: | English |
Edition: | 1. publ |
Physical description: | XVI, 196 S. |
ISBN: | 9780415558617 |
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Arnell, Paul Law across borders the extraterritorial application of United Kingdom law by Paul Arnell 1. publ London [u.a.] Routledge 2012, 2012 XVI, 196 S. Introduction -- The context -- United Kingdom criminal law across borders -- United Kingdom human rights law across borders -- Synthesis: extra-legal context, criticisms, themes and conclusion 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"-- 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 http://swbplus.bsz-bw.de/bsz330892169inh.pdf TOC Völkerrecht Heidelberg VIEW |
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Arnell, Paul |
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Arnell, Paul Law across borders : the extraterritorial application of United Kingdom law Introduction -- The context -- United Kingdom criminal law across borders -- United Kingdom human rights law across borders -- Synthesis: extra-legal context, criticisms, themes and conclusion |
author_facet |
Arnell, Paul Arnell, Paul |
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Arnell, Paul |
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Arnell, Paul |
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title |
Law across borders : the extraterritorial application of United Kingdom law |
title_sub |
the extraterritorial application of United Kingdom law |
title_short |
Law across borders |
title_full |
Law across borders the extraterritorial application of United Kingdom law by Paul Arnell |
title_fullStr |
Law across borders the extraterritorial application of United Kingdom law by Paul Arnell |
title_full_unstemmed |
Law across borders the extraterritorial application of United Kingdom law by Paul Arnell |
title_sort |
law across borders : the extraterritorial application of united kingdom law by paul arnell |
publisher |
Routledge |
publishDate |
2012 |
physical |
XVI, 196 S. |
edition |
1. publ |
contents |
Introduction -- The context -- United Kingdom criminal law across borders -- United Kingdom human rights law across borders -- Synthesis: extra-legal context, criticisms, themes and conclusion |
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9780415558617 |
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VR 9.5 VR: XV FEI/GB VR XV Fei/GB 6 |
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VR 19.5 |
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http://swbplus.bsz-bw.de/bsz330892169inh.pdf |
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IMAGE 1 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 IMAGE 2 VIII CONTENTS THE CURRENT LAW 5 2 CRIMINAL LAW APPLIED TERRITORIALLY 5 3 RELATIONSHIP-BASED CRIMINAL LAW 69 CRIME-CENTRIC CRIMINAL LAW 11 ENFORCEMENT 80 INSTANCES OF ENFORCEMENT 83 TERRITORIAL CONNECTION 84 RE |
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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"-- a"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"--07aeng2ISO 639-2 a1209 aToC a1207bb8 a97804155586173 a9780415558617 aVR 9.5 aVR: XV Fei/GB aVR: XV Fei/GB aGroßbritannien: Menschenrechte aVR: XV Fei/GB uhttp://swbplus.bsz-bw.de/bsz330892169inh.pdf3TOCmVölkerrecht HeidelbergzVIEW aIMAGE 1 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 IMAGE 2 VIII CONTENTS THE CURRENT LAW 5 2 CRIMINAL LAW APPLIED TERRITORIALLY 5 3 RELATIONSHIP-BASED CRIMINAL LAW 69 CRIME-CENTRIC CRIMINAL LAW 11 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 151 THEMES 164 NON-UK LAW AND PRACTICE - THE CRIMINAL LAW 164 aPROPER LAW - THE CRIMINAL LAW 161 NON-UK LAW AND PRACTICE - HUMAN RIGHTS LAW 115 IMAGE 3 CONTENTS IX PROPER LAW - HUMAN RIGHTS LAW 178 CONCLUSION 182 FINAL POINTS 183 INDEX 185 cVR: XV Fei/GB: 6mBOOK aVRH50bMPVRHcInstitutsbibliothekdVR: XV Fei/GB: 6eavailabletVerfügbarf1g0hNi5jBIBki |