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Transformations in Criminal Jurisdiction: Extraterritoriality and Enforcement

Edited by: Micheal O Floinn, Lindsay Farmer, David Ormerod KC

ISBN13: 9781509954261
To be Published: February 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2023)
Price: £42.99
Hardback edition , ISBN13 9781509954223



Can traditional approaches to territorial jurisdiction adapt to the new global reality? Leading experts in criminal law and internet law unite to address this fundamental question. They consider whether this can be done through the development of parallel concepts such as extraterritorial or universal jurisdiction, or whether the situation requires completely new kinds of approaches to criminal jurisdiction and transnational crime.

The book illuminates the way in which questions of jurisdiction are becoming increasingly important to the investigation, prosecution, and punishment of crime, as with the growth of technology and the internet many crimes no longer take place within neat national boundaries. Increasingly, criminal lawyers grapple with complex answers to seemingly simple questions: - Where was the crime actually committed? - Which body has authority to investigate? - Which court has jurisdiction to hear the case and impose a sentence?

Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media. Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges.

Subjects:
Criminal Law, International Criminal Law, IT, Internet and Artificial Intelligence Law
Contents:
1. Introduction
Micheal O Floinn (University of Glasgow, UK), Lindsay Farmer (University of Glasgow, UK), Julia Hoernle (Queen Mary University of London, UK) and David Ormerod QC (University College London, UK)
2. Text-Driven Jurisdiction in Cyberspace
Mireille Hildebrandt (Vrije Universiteit, Belgium)
3. Historical Trends of Human Rights Gone Criminal Across the Globe
Mattia Pinto (London School of Economics, UK)
4. Criminal Jurisdiction: Territorialising the Extraterritorial
Cedric Ryngaert (University of Utrecht, Netherlands)
5. The Presumption Against Extraterritorial Criminal Jurisdiction
Alejandro Chehtman (University Torcuato di Tella, Argentina)
6. An Umbrella for Dark Clouds - Cross-Border Digital Investigations, Jurisdiction and Safeguards?
Julia Hoernle (Queen Mary University of London, UK)
7. Enforcement Jurisdiction and Globalised Criminal Investigation: Conflict, Comity, Convergence
Katalin Ligeti (University of Luxembourg)
8. Amazon's Doorbells and 23andMe's DNA - Global Private Data Collectors as the Gateways into 21st Century Datafication of Law Enforcement
Uta Kohl (University of Southampton, UK)
9. UWOs Against PEPs as a Response to Jurisdictional Limitations: Problems and Potential
Aine Clancy (Queen Mary University of London, UK)
10. The Extraterritorial Turn in UK Investigative Powers
Micheal O Floinn (University of Glasgow, UK)