The case for nationality based jurisdiction.

Arnell, P.

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.

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

• Journal Article Type: Article
• Acceptance Date: Oct 31, 2001
• Online Publication Date: Jan 17, 2008
• Publication Date: Oct 31, 2001
• Deposit Date: Apr 17, 2014
• Publicly Available Date: Apr 17, 2014
• 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
• DOI: https://doi.org/10.1093/iclq/50.4.955
• Keywords: Criminal Law; Jurisdiction; Nationality
• Public URL: http://hdl.handle.net/10059/964
• Contract Date: Apr 17, 2014