Jurisdiction in international law by cedric ryngaert article pdf available in international and comparative law quarterly 5804. Jurisdiction and international crimes constraints and best practices. Non state actors have always been treated with ambivalence in the works of international law. This fully updated second edition of jurisdiction in international law examines the international law of jurisdiction, focusing on the areas of. Jan wouters, cedric ryngaert, preorder at tom ruys and. Prosecuting corporations for violations of international criminal law jurisdictional issues international colloquium section 4, basel, 2123 june 2017. Jurisdiction in international law cedric ryngaert description this book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious. Unilateral jurisdiction and global values book, 2015. The territoriality principle serves as the basic principle of jurisdiction in international law. Pdf jurisdiction in international law by cedric ryngaert. The international law of jurisdiction is by and large customary law, fragmented and often in determinate. The book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious. International criminal justice at the same university.
Jurisdiction in international law ryngaert, cedric download. The series publishes monographs and edited volumes authored by utrecht university scholars or scholars associated with utrecht university in the field of general international law. Indications of settlement provenance and the duty of non. Ryngaert, cedric, subsidiarity and the law of jurisdiction august 24, 2014.
Fully revised and updated to include new materials on personal jurisdiction, cyberspace, and covering new developments in sanction laws, tax law, transnational tort litigation and universal civil jurisdiction. In so doing, the majority overlooked a wellrecognized source of international law, namely general principles of law, which consists of principles derived from the domestic. Cedric ryngaert, professor of public international law, utrecht university, netherlands universal briefing. Cedric has taught courses on public international law, the law of international organizations, and the law of armed conflicts.
Subsidiarity and the law of jurisdiction cedric ryngaert. The concept of jurisdiction in international law unijuris. In other words, the creation and recognition of these new states should be seen to have taken place mainly. Jurisdiction in international law ryngaert, cedric. The second approach, which purportedly reflects customary international law. In a slightly similar case, also involving allegations of violations of international humanitarian law and human rights law, the us court of appeals for the second circuit, applying the doctrine, has recently barred claims against producers of the defoliant agent orange, used by the us during the vietnam war, in so doing, it reinforced the. Universal jurisdiction over genocide and wartime torture.
International law and organizations 2 international law and organizations introduction a vast network of international law and dozens of international organizations make globalization possible. Goettingen journal of international law 3 2011 3, 829859 doi. Cedric ryngaert oxford monographs in international law. Cedric ryngaert this article deals with the relationship between the principle of universal jurisdiction and the jurisdiction of the icc. Jurisdiction in international law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms with a view to preventing them being hauled before courts. Thestudy sfocusisontransatlanticjurisdictionalwrangles,andlimitedtousand. This article deals with the relationship between the principle of universal jurisdiction and the jurisdiction of the icc. The international law of jurisdiction is by and large customary law, fragmented and often in. Tom ruys is assistant professor in international law at the ghent rolinjaequemyns international law institute grili, ghent university. Cedric ryngaert this book aims to identify opportunities and limitsobstacles to the exercise of unilateral jurisdiction in the common interest by states that have no or at least not the strongest connection to a.
Subsidiarity and the law of jurisdiction by cedric ryngaert ssrn. Apr 23, 2015 the second edition of the jurisdiction in international law book by prof. Subsidiarity and the law of jurisdiction by cedric ryngaert. Jurisdiction in international law by cedric ryngaert oxford university press, oxford, 2008, isbn 9780199544714, 310 pp. Achievements and challenges jan wouters, cedric ryngaert and ann sofie cloots the article provides a tour dhorizon of the current international legal framework against corruption, which has made substantial progress over the last two decades. Jun 16, 2015 cedric has taught courses on public international law, the law of international organizations, and the law of armed conflicts. This myth lingers on in international legal scholarship, although it has been debunked in other disciplines, notably in. That we consider the statebased system as best representing the individual is the product of a particular world view. A rejoinder to professor thirlway cedric ryngaert 0 0 professor of public international law, utrecht university, utrecht, the netherlands that we consider the statebased system as best representing the individual is the product of a particular world view. In general international law, however, jurisdiction is commonly understood to refer to the legal authority of states to set and enforce rules with respect to acts that. Cedric ryngaert, jurisdiction in international law oxford university press, 2008 isbn 9780199544714.
Jurisdiction over antitrust violations in international law. Expert opinion legal basis for multilateral exchange of. May 27, 2008 universal criminal jurisdiction universal criminal jurisdiction ryngaert, cedric 20080527 00. Talk blog of the european journal of international law.
State actors in international law, leuven, 2628 march 2009 imposing international duties on non state actors and the legitimacy of international law cedric ryngaert the prevailing rules for who may play the game of war and who may not are selfinterested rules, drawn up by national governments and in no case i. It has been suggested that the recognition of the new states which were formed within the boundaries of the former yugoslavia and the former soviet union must mainly be explained in terms of politics. Phd candidate at the leuven centre for global governance studies and institute for international law at ku leuven. International law as we know it ix patricia jimenez kwast list of abbreviations xii list of contributors xv part 1 introductory observations 1 introduction. Jurisdiction in international law ryngaert, cedric this fully updated second edition of jurisdiction in international law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious. Still, as laura carballo demonstrates in her contribution to this special issue, the techniques which private international law uses to ascertain whether a state has adjudicatory jurisdiction over vessels calling at its ports and whether port state law is the applicable law, resemble the public international law techniques used to determine. Jurisdiction in international law oxford monographs in. His research is aimed at the jurisdiction of states and the protection of universal values, among other topics. The policing of transnational and international crimes is a challenge to statebased law enforcement agencies, as jurisdiction restricts the direct intervention a states agencies can legally take in another states jurisdiction, with even basic law enforcement activities such as arrest and detention tantamount to abduction when carried out extraterritorially. Foreign corrupt practices act, extraterritorial jurisdiction, asset recovery. This chapter discusses two public international law approaches to jurisdiction. However, national laws may be given extraterritorial application provided that these laws could be justified by one of the recognized principles of extraterritorial jurisdiction under public international law. Phil c w chan, china, state sovereignty and international legal order brill nijhoff, 2015 isbn 9789004287723.
From law takers to law makers ebook written by cedric ryngaert. Download pdf jurisdiction in international law oxford monographs in international law, by cedric ryngaert. Wouters, jan and ryngaert, cedric and cloots, ann sofie, the fight against corruption in international law july 2012. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non state actors in international law and the process of norm formation in the international realm. The emphasis will lie on litigation in the courts of the home or hiring state of the pmc. The first approach was taken by the permanent court of international justice in the 1927 lotus case. This ambitious book, based on cedric ryngaerts phd. The international criminal court and universal jurisdiction. The role and position of non state actors in international law is the subject of a longstanding and intensive scholarly debate.
Oct 30, 2015 the concept of jurisdiction in international law cedric ryngaert in this chapter, the concept of jurisdiction as exercised by states or regional organizations such as th. You are not authenticated to view the full text of this chapter or article. Non state actor dynamics in international law is a welcomed addition to an under researched field of legal study. While the current state of the international law of jurisdiction is described at length on the basis of state practice, a consistent doctrine of. Universal criminal jurisdiction, criminal law forum 10.
Jurisdiction from the latin ius, iuris meaning law and dicere meaning to speak is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e. Concurring criminal jurisdictions under international law. The nova et vetera iuris gentium series is edited by the institute of public international law at utrecht university under the direction of professor cedric ryngaert. Cedric ryngaert is professor of public international law and director of the master programme public international law, utrecht university. In its 2015 interpretative notice on indication of origin of goods from the territories occupied by israel since june 1967, the european commission linked the indication of origin of products. Giuliana ziccardi capaldo, the pillars of global law ashgate publishing. Cedric ryngaert, professor of international law, utrecht university. Territorial jurisdiction over crossfrontier offences.
So, when both jurisdiction and arbitration clauses are inserted in an agreement it is arguably unjusti. Amendment of the provisions of the dutch penal code pertaining to the exercise of extraterritorial jurisdiction volume 61 issue 2 cedric ryngaert skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. Provides a general theory of jurisdiction in international law. Ann sofie cloots is research fellow at the research foundation flanders and. This book explores the participation of this new category of actors in an international legal system that has. In this chapter, the concept of jurisdiction as exercised by states or regional organizations such as the european union is concerned. Wouters janryngaert cedriccloots ann sofie the international legal framework from en 112 at wartburg college.
From law takers to law makers non state actors in international law, politics and governance series series by cedric ryngaert. In the first place, this concerns research in which the boundaries of the classic branches of the law private law, criminal law, constitutional and administrative law, european and public international law are crossed and connections are made. Jurisdiction in international law by cedric ryngaert, 9780199688517, available at book depository with free delivery worldwide. The fight against corruption in international law by jan. Adjudicatory authority in private international law the hague. Download for offline reading, highlight, bookmark or take notes while you read non state actor dynamics in international law. This fully updated second edition of jurisdiction in international law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction. How trusteeship and the civilizing mission never went away oxford university press, 2008 isbn 9780199274321. Professor dr cedric ryngaert is associate professor of international law at ku leuven and utrecht university. Expert opinion legal basis for multilateral exchange of information. The concept of jurisdiction in international law cedric ryngaert, professor of international law, utrecht university in this chapter, the concept of jurisdiction as exercised by states or regional organizations such as the european union is concerned.
This study starts with a quote by professor meessen. Cedric ryngaert, professor of public international law, utrecht university the international law of jurisdiction sets out under what circumstances states can apply their laws to situations and persons, possibly even beyond their own territory. In the exercise of domestic jurisdiction, the o rgans of the state have its limitation as to executive judicial and legislative jurisdiction. Subsidiarity and the law of jurisdiction by cedric. Cedric ryngaert is a professor of international law and the programme leader of the master of public international law at utrecht university. All content in this area was uploaded by cedric ryngaert on jun 08, 2017. Cedric ryngaert, jurisdiction in international law oxford university press. Ryngaert, cedric this fully updated second edition of jurisdiction in international law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious.
Cedric ryngaert is a lecturer in international law at the universities of utrecht and leuven. Elgaronline requires a subscription or purchase to access the full text. The author does not support this expansion, however, mainly on practical grounds. This ambitious book, based on cedric ryngaert s phd at leuven university, does. New theory of jurisdiction in international law oxford.
Jurisdiction in international law oxford scholarship. Judicial decisions on the law of international organizations. The concept of jurisdiction in international law cedric ryngaert in this chapter, the concept of jurisdiction as exercised by states or regional organizations such as th. In 2012, he won the fiveyearly henri rolin prize international law and international relations for his work on jurisdiction. Jurisdiction in international law oxford monographs in international law cedric ryngaert this fully updated second edition of jurisdiction in international law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious. Cedric ryngaert has been published by oxford university press. Ralph wilde, international territorial administration. Leuven groups the teaching and research in public international law and the law of international organizations at the faculty of law of the university of leuven. From a doctrinal perspective, the main stumbling block for a more intensive use of the criminal law appears to be how to establish jurisdiction and liability with regard to corporate involvement in human rights. The function of scholars of international law offers less opportunity for creative thinking compared to scholars of conflict of laws. This book examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious. It proposes that states apply their own laws only on a subsidiary basis.
Raic, statehood and the law of selfdetermination 2002, especially at 3. Litigating abuses committed by private military companies. It argues that reasonable jurisdiction could emerge through transnational communicative networks wiring state, international, and private actors. A naturalized myth renders inevitable the link between the physicality of the observable landscape and the state as a means of organizing a polity. Imposing international duties on nonstate actors and the. Jurisdiction in international law oxford monographs in international law, by cedric ryngaert. Such jurisdiction is concerned with the reach of a state s.
Jurisdiction in international law by cedric ryngaert. One of the main tools for socializing private military contractors pmcs is litigation. Jurisdiction in international law cedric ryngaert oxford. Treaties and other types of agreements among countries set rules for international trade and finance, such as the gatt.
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