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EU Legal Framework on Conflicts of Criminal Jurisdiction
The prevention of conflicts of criminal jurisdiction between EU Member States was not expressly recognized in the primary law of the Union, until...
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Conflicts of Criminal Jurisdiction and Transfer of Proceedings in the EU
Framework Decision 2009/948/JHA on the prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings established an ad hoc...
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Conflicts of Jurisdiction and Due Process of Law
Among the negative consequences stemming from the existence of a conflict of criminal jurisdiction, one of the main concerns is the possible...
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Jurisdiction and Conflicts of Criminal Jurisdiction Within the European Union
Historically, judicial cooperation in criminal matters has been the response to the inherent constraints linked to the conception of criminal law as...
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De Lege Ferenda Proposals on Settlement of Conflicts of Criminal Jurisdiction: Model B—Vertical Approach
Our second model proposal is based on applying the principle of supranational integration by means of a new approach, whereby, in certain...
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The ICC’s Jurisdiction Over War Crimes
War crimesWar crimes clearly could not be omitted from the list of crimes that fall under the ICC’s jurisdictionICC’s jurisdiction. While they have...
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De Lege Ferenda Proposals on Settlement of Conflicts of Criminal Jurisdiction: Model A—Horizontal Approach
Our first proposal for a model is based on the application of the principle of sincere cooperation between national authorities, the same approach as...
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Legal Challenges for Foreign Adjudicative Jurisdiction
Although this book primarily deals with prescriptive jurisdiction as exercised by the legislature, it would be incomplete without addressing legal...
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Legislative Specification of the Geographical Ambit of Domestic Criminal Jurisdiction
The operationalization of domestic implementationOperationalization of domestic implementation requires States to specify the geographical ambit of...
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The Preconditions for the International Criminal Court to Exercise its Jurisdiction
This chapter delves into the essential preconditions for the exercise of the International Criminal CourtInternational Criminal Court’s (ICCICC)...
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Basis and Jurisdiction to Grant Interim Measures
This chapter focuses on the procedural rules for establishing jurisdiction to grant interim relief. The first part deals with the so called “Brussels...
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Interconnected Norms and the Crimes and Offences within the ICC Jurisdiction
This Chapter focuses on the practical application of interconnected norms to the crimes and offences within the ICC jurisdiction. It explains how...
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Conflicts of Jurisdiction Between the DSMs of the WTO and FTAs in General
This chapter addresses the conflicting interactions between the WTO and the FTA DSMs in general. It assesses the likelihood of different tools...
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Adjudicative Jurisdiction for Crimes at Sea: An International Law Perspective
This chapter discusses international rules on the exercise of adjudicatory jurisdiction for crimes at sea and their implementation in Italy. It...
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Towards a New Model of Settlement of Conflicts: Background and Methodology
After analyzing the EU regulatory framework on the prevention and settlement of conflicts of jurisdiction, and, more specifically, the solutions...
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A Small State, a Worldwide Jurisdiction: the Vatican City State and Its Legal System
The legal system of Vatican City has many peculiarities due to the unique nature of this small jurisdiction. Indeed, it is the smallest independent...
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A Global Security Jurisdiction for the World Court
It is a fundamental argument of this work that, faced with existential threats to the earthThreats to earth and humanityThreats to humanity, the...
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Syrian War Crimes Trials in The Netherlands: Claiming Universal Jurisdiction Over Terrorist Offences and the War Crime of Outrages Upon Personal Dignity of the Dead
This chapter examines two cases against Syrian asylum seekers—the Ahmad al.-Y Judgment of 21 April 2021 and the Ahmad al-Khedr Judgment of 16 July...
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Crimes Against Humanity Under the ICC’s Jurisdiction
It is an indisputable fact that the history of the human race from the beginning of civilisation to this very day in the ‘wondrous’ twenty-first...
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Horizontal Standards: Harmonizing Principles and Conflicts of Securities Regulation
This chapter focuses on ‘horizontal standards’, i.e., standards concerning the characteristics of a regulatory authority, its enforcement powers, the...