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The Enforcement of Universal Jurisdiction : Assessing Gaps in State, Regional and International Practice.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The Enforcement of Universal Jurisdiction : Assessing Gaps in State, Regional and International Practice./
作者:	Sanders, Lauren Olivia.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2021,
面頁冊數:	365 p.
附註:	Source: Dissertations Abstracts International, Volume: 83-03, Section: A.
Contained By:	Dissertations Abstracts International83-03A.
標題:	Treaties. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28483367
ISBN:	9798505572092

The Enforcement of Universal Jurisdiction : Assessing Gaps in State, Regional and International Practice.
Sanders, Lauren Olivia.

The Enforcement of Universal Jurisdiction : Assessing Gaps in State, Regional and International Practice. - Ann Arbor : ProQuest Dissertations & Theses, 2021 - 365 p.

Source: Dissertations Abstracts International, Volume: 83-03, Section: A.

Thesis (Ph.D.)--The Australian National University (Australia), 2021.

This item must not be sold to any third party vendors.

Universal jurisdiction is inconsistently understood and relied upon in contemporary international legal practice. The enforcement of universal jurisdiction, in its 'pure' form (that is, without reliance upon any traditional jurisdictional nexus to the offender or the crime), has been exceedingly rare. Its successful enforcement is further obstructed by the influence of political actors because reliance upon universal jurisdiction is always tainted by the level of political risk associated with the prosecution of another nation's citizen by a third-party state. Further, the absence of a clear understanding of the application of the jurisdiction and its scope results in widely differing use of the doctrine, particularly in regard to the application of fair trial rules, the selection of the forum and harmonization of domestic enforcement with international legal norms. The difficulties and inconsistent application in the enforcement of this doctrine prevents the development of appropriate mechanisms to bring to justice those guilty of the worst kind of crimes who otherwise live with impunity.This thesis examines how the doctrine of universal jurisdiction has been enforced. The case studies from the domestic, regional and international levels, will be analysed to determine where the gaps in enforcement of universal jurisdiction exist by reference to four overarching criteria: procedural and due process rights; forum selection; harmonisation within international law principles; and political risk. Notably, these case studies will assess contemporary examples of the enforcement of universal jurisdiction, as well as trials addressing similar criminal offences, to identify gaps in the application of universal jurisdiction to end impunity for international criminal law offences. Following this analysis, measures to address these gaps in enforcing the doctrine to promote international criminal justice will be suggested.The suggested solutions to these identified enforcement problems will be mapped against existing international discourse on the scope and application of the jurisdiction - comparing the UN General Assembly Sixth Committee's ongoing reports to existing successful application of the doctrine - to provide an effective framework for states to consider in order to end impunity for serious international crimes. This analysis and development of suggestions to harness this doctrine of international law will seek to establish what role the universal jurisdiction can meaningfully play in bringing an end to injustice for egregious criminal conduct subject to universal jurisdiction.

ISBN: 9798505572092Subjects--Topical Terms:

677024
Treaties.

The Enforcement of Universal Jurisdiction : Assessing Gaps in State, Regional and International Practice.
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