Skip to main content

Research Repository

Advanced Search

The case for nationality based jurisdiction.

Arnell, Paul

Authors

Paul Arnell



Abstract

Various recent developments within and without the United Kingdom have strengthened the arguments in favour of the adoption of general nationality based criminal jurisdiction. These arise from problems in the application of territorial jurisdiction, increasingly frequent crime-specific reference to nationality based jurisdiction, the development of European Union law, the ever-greater mobility of nationals, the ability to commit crimes remotely, the incorporation of the European Convention of Human Rights and Fundamental Freedoms into United Kingdom law, an evolution in the citizen-state relationship, and the increasing internationalisation of criminal law. It is not suggested that territory should no longer find a central place in the criminal law rather that the original and present arguments in its favour have been greatly weakened and, at the same time, the arguments in favour of nationality based jurisdiction have been strengthened. This article details the present nature of criminal jurisdiction, highlights the deficiencies with territorial jurisdiction and outlines the case in favour of a general nationality based criminal jurisdiction.

Journal Article Type Article
Publication Date Oct 31, 2001
Journal International and comparative law quarterly
Print ISSN 0020-5893
Electronic ISSN 1471-6895
Publisher Cambridge University Press (CUP)
Peer Reviewed Peer Reviewed
Volume 50
Issue 4
Pages 955-962
Institution Citation ARNELL, P. 2001. The case for nationality based jurisdiction. International and comparative law quarterly [online], 50(4), pages 955-962. Available from: https://doi.org/10.1093/iclq/50.4.955
DOI https://doi.org/10.1093/iclq/50.4.955
Keywords Criminal Law; Jurisdiction; Nationality

Files





You might also like



Downloadable Citations

;