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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Unilateral Jurisdiction and Global Values


ISBN13: 9789462365940
Published: July 2015
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £23.00



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This book aims to identify opportunities, limits and obstacles to the exercise of unilateral jurisdiction in the common interest by states that have no (or at least not the strongest) connection to a situation. In doing so, it seeks to find entry points in the international law of jurisdiction for the realization of cosmopolitanism.

The author investigates, from both a normative and an empirical point of view, whether the international legal system accommodates the exercise of unilateral jurisdiction in a cosmopolitan fashion by states or regional organizations such as the European Union, whether there are indications in practice that such jurisdiction is indeed exercised, and what limitations, if any, are or should be imposed.

In this investigation, the book draws on insights from public international law, legal theory, and political philosophy.

Subjects:
Public International Law
Contents:
Introduction: International Law and Cosmopolitanism
1. Sovereignty, Jurisdiction, and Consent
2. Justifying Unilateral Jurisdiction: States as Guardians of International Community Values
3. Territory and Community Ascending and Descending: a Historical and Empirical Reconstruction
4. The Actual Exercise of Unilateral Jurisdiction in the Common Interest
5. Limitations
6. Final Concluding Thoughts.