東華大學圖書館 |

Language: English

Help

回圖書館首頁

手機版館藏查詢

Back

Switch To: Labeled | MARC Mode | ISBD

Linked to FindBook

Google Book

Amazon

博客來

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

Record Type:	Electronic resources : Monograph/item
Title/Author:	The Enforcement of Universal Jurisdiction : Assessing Gaps in State, Regional and International Practice./
Author:	Sanders, Lauren Olivia.
Published:	Ann Arbor : ProQuest Dissertations & Theses, : 2021,
Description:	365 p.
Notes:	Source: Dissertations Abstracts International, Volume: 83-03, Section: A.
Contained By:	Dissertations Abstracts International83-03A.
Subject:	Treaties. -
Online resource:	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.
LDR:03715nmm a2200325 4500 001 2345123
005 20220531132443.5
008 241004s2021 ||||||||||||||||| ||eng d
020 $a 9798505572092
035 $a (MiAaPQ)AAI28483367
035 $a (MiAaPQ)AustNatlU1885227803
035 $a AAI28483367
040 $a MiAaPQ $c MiAaPQ
100 1 $a Sanders, Lauren Olivia. $3 3683995
245 1 4 $a The Enforcement of Universal Jurisdiction : Assessing Gaps in State, Regional and International Practice.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2021
300 $a 365 p.
500 $a Source: Dissertations Abstracts International, Volume: 83-03, Section: A.
500 $a Advisor: Nasu, Hitoshi.
502 $a Thesis (Ph.D.)--The Australian National University (Australia), 2021.
506 $a This item must not be sold to any third party vendors.
520 $a 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.
590 $a School code: 0433.
650 4 $a Treaties. $3 677024
650 4 $a Principles. $3 3559989
650 4 $a Piracy. $3 2002701
650 4 $a Political activism. $2 bicssc $3 2079578
650 4 $a War crimes. $3 806552
650 4 $a International law. $3 560784
650 4 $a Immunity from prosecution. $3 3683996
650 4 $a Convictions. $3 3683997
650 4 $a Political risk. $3 3683998
650 4 $a Tribunals & commissions. $3 3562019
650 4 $a Amnesties. $3 3682676
650 4 $a Capital punishment. $3 596121
650 4 $a Trials. $3 623874
650 4 $a Criminal law. $3 562467
650 4 $a Jurisdiction. $3 890764
650 4 $a Atrocities. $3 572578
650 4 $a Legislation. $3 766385
650 4 $a Contemporary problems. $3 3683999
650 4 $a Murders & murder attempts. $3 3684000
650 4 $a Legal arguments. $3 3684001
650 4 $a Human rights. $3 527798
650 4 $a Nonprofit organizations. $3 540326
650 4 $a Law. $3 600858
650 4 $a Books. $3 641578
650 4 $a Committees. $3 3563449
690 $a 0616
690 $a 0601
690 $a 0398
710 2 $a The Australian National University (Australia). $3 1952885
773 0 $t Dissertations Abstracts International $g 83-03A.
790 $a 0433
791 $a Ph.D.
792 $a 2021
793 $a English
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=28483367