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The Study Of The Problems Of Universal Jurisdiction

Posted on:2008-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:A R GuoFull Text:PDF
GTID:2166360242957231Subject:Law
Abstract/Summary:PDF Full Text Request
Universal jurisdiction is a right given to relevant countries by international law in order to prosecute and punish international crime. It comes from the authority of international law, embodied in the universal jurisdiction provisions of international conventions and rules of customary international law. During the specific exercise of universal jurisdiction of countries, we found that it is easy to fall into conflict with other jurisdictions, make the cases difficult to resolve, and go contrary with the intention of the right. States often debating on the questions of in what kind of conditions and directed at what kind of crime can a country use the universal jurisdiction. All these problems have hampered the effectiveness of universal jurisdiction. Therefore it is necessary to undertake an in-depth study of universal jurisdiction. When every country can make an unanimous attitude about these questions, the universal jurisdiction will be more perfect, and becomes a strong basis for the crackdown of international crimes.Research legal issues can not leave the legal concepts. A clear concept is the premise of the precise analysis. The paper analysed three pairs of legal concepts as a way to make a correct understanding of universal jurisdiction. After that, the paper explores the manifestations of universal jurisdiction in international conventions and customary international law. During the analysis of the rules of universal jurisdiction in customary international law, we explained the formation process of universal jurisdiction. Through the method of citing the provisions of universality principles in international conventions, we explained the development of universal jurisdiction. At the same time, universal jurisdiction provisions enumerated in part III provide a strong argument for the discussion of the scope of the application and the applicable conditions of universal jurisdiction. In order to make the article more convincing, the author explored a number of countries to analyse what efforts have been made by countries in order to transfer the universality principle of international criminal law into a principle of internal public law. In part V, the author discussed the practices of universal jurisdiction of several countries and special international tribunals.
Keywords/Search Tags:universal jurisdiction, international crime, international convention, internal legislation
PDF Full Text Request
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