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The Scope Of National Jurisdiction

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Chapter Summary

This chapter begins with an analysis of the obligations to establish territorial jurisdiction pursuant to Resolution 1373 and the EU Framework Decision, as well as the parallel rules in national law. This analysis includes an overview of the national regulation of the question of where an offence shall be considered to have been committed (the locus delicti), a determining factor for the actual scope of territorial jurisdiction. The chapter examines the obligations and options set out in the international instruments to create extraterritorial jurisdiction, along with their national implementation. As the instruments studied here contain independent requirements to establish jurisdiction where extradition is refused, the relationship between jurisdiction and the extradition or surrender of suspected terrorists will be investigated separately. The chapter discusses the conflicts between concurrent jurisdictions that may arise as a result of the extensive establishment of extraterritorial jurisdiction and guidelines for the handling of such conflicts.

Keywords: EU Framework Decision; extraterritorial jurisdiction; locus delicti; national jurisdiction; Resolution 1373; territorial jurisdiction



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