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Jurisdictional Issues in Extraterritorial Criminal Law

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Chapter Summary

This chapter seeks to explore the practice of courts when presented with extraterritorial criminal acts, with particular emphasis on UK and Canadian standards, statutes and precedents. The purpose of this discussion is to promote the use of a test for jurisdictional claims as outlined in R v. Libman in an attempt to illustrate that extending jurisdiction can be legitimised within reasonable limits. It is fundamental to any assertion of jurisdiction that a link with the territory is not only present but that it is a real and substantial link. The test for jurisdiction, regardless of the level of offence or specific crime requires this essential element as well as an adherence to comity between states; without it the principles of international customary law cannot be maintained.

Keywords: Canadian standards; extraterritorial criminal act; international customary law; jurisdictional claims; precedents; statutes; UK



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