Jurisdiction in international law ryngaert, cedric. A pragmatic trust in international law andre nollkaemper 3 an appreciation of fred soons john gamble part ii. Mann, fa, the doctrine of jurisdiction in international law 1964 111 rdc 9. Subsidiarity and the law of jurisdiction by cedric. From universal civil jurisdiction to forum of necessity reflections on the judgment of the european court of human rights in naitliman cedric ryngaert it is doubtful that universal civil jurisdiction is authorized, let alone required by public international law.
Goettingen journal of international law 3 2011 3, 829859 doi. Using international law in domestic courts, lord bingham. One challenge is that without a strong rule of law at the national level, attempts to strengthen the rule of law at the international level are significantly hampered. International law at the fiftieth anniversary of the united nations, at 242 martinus nijhoff publishers, 1998. The role of the eu in assuring compliance with international humanitarian law and human rights, email. Suggested citation ryngaert, cedric, subsidiarity and the law of jurisdiction august 24, 2014. Berger, professor of criminal law, faculty of law, universitat hamburg, germany towards a briefing. 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.
This myth lingers on in international legal scholarship, although it has been debunked in other disciplines. Expanding the universal jurisdiction in international law. Litigating abuses committed by private military companies. All content in this area was uploaded by cedric ryngaert on jun 08, 2017. Jurisdiction and international crimes constraints and best practices. Jurisdiction in international law oxford monographs in.
Extraterritorial jurisdiction in the 27 member states of. The universal jurisdiction of international law has been a source of enigma for centuries. You are not authenticated to view the full text of this chapter or article. Jurisdiction in international law by cedric ryngaert. International law has been approached, traditionally, from a positivist framework of sources i. Pdf jurisdiction in international law by cedric ryngaert. Introductory observations 1 introduction cedric ryngaert, erik j. Expansion of national jurisdiction for prosecuting serious crimes. As pointed out in comments by cedric ryngaert and horatia muir watt, the proposal may be less novel than it first appears. Cedric ryngaert oxford monographs in international law. Lessons from the akpan v shel litigation in the netherlands cedric ryngaert associate professor of international law at utrecht university netherlands and leuven university belgium, guest professor at hasselt university belgium.
International law as we know it patricia jimenez kwast part i. Lecturer in international law, utrecht university and leuven university. Subsidiarity and the law of jurisdiction cedric ryngaert. I myself have recently been characterized as one of the border guards of territoriality,1 on the basis of my earlier monograph on jurisdiction in international law. For jurisdiction theory, see cedric ryngaert, jurisdiction in international law oxford university press, 2nd ed, 2015. Tort litigation in respect of overseas violations of environmental law committed by corporations. Whats wrong with international law specialised areas section a. Universal jurisdiction over international crimes and gross human rights violations the role of the principle of subsidiarity by cedric ryngaert abstract the international law of jurisdiction sets out the circumstances under which states can apply their laws, offering a number of permissive jurisdictional principles, including the.
This fully updated second edition of jurisdiction in international law examines the international law of jurisdiction, focusing on the areas of law where ju. Territorial jurisdiction over crossfrontier offences. Leuven, 2007 is chair of public international law at utrecht university and has published widely on various questions of international law. In the supreme court of the united states e sther k i obel, et al. Given the relative advances of such investigations and prosecutions in several countries in europe as compared to some other parts of the world, there is a tendency to believe. Rule of law promotion faces a number of key challenges, relating to the nexus between the national and the international level. 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. Successful final conference of the unijuris project on 18 june 2018. The second edition of the jurisdiction in international law book by prof. So, when both jurisdiction and arbitration clauses are inserted in an agreement it is arguably unjusti. In 2012, he won the fiveyearly henri rolin prize international law and international relations for his work on jurisdiction.
Jo stigen and cedric ryngaert, all three of whom are leading international experts on the topic. It can also be established under a multilateral treaty in the relations between the contracting parties, in particular by virtue of clauses which provide that a state party in the territory of which an alleged offender is found shall either extradite or try that person. Jurisdiction in international law cedric ryngaert oxford. Suggested citation ryngaert, cedric, subsidiarity and the. Price international media law moot court competition ballaya and seesey, applicants, v. Pdf criminal jurisdiction in international space law. That we consider the statebased system as best representing the individual is the product of a particular world view. Universal jurisdiction is primarily based on customary international law. Crawford, j, brownlies principles of public international law 8th edn, oup 2012 447. See cedric ryngaert, jurisdiction in international law oxford university press 2008 187, stating that the exercise of unilateral jurisdiction has become nearly inevitable. Jan wouters and cedric ryngaert, litigation for overseas corporate human rights abuses in the european union. Cmi headquarter, 2003 craig forrest, international law and the protection of cultural heritage london.
A naturalized myth renders inevitable the link between the physicality of the observable landscape and the state as a means of organizing a polity. 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. Jun 16, 2015 cedric has taught courses on public international law, the law of international organizations, and the law of armed conflicts. Mann, the doctrine of jurisdiction in international law 1964i 111 hague recueil 1. This article is part of a research project financed under an eufp7 project on regulating privatisation of war. The initial object for the universal jurisdiction principle lay in the social necessity in punishing an offender, who has committed a crime against the interest of. The nexus between the national and the international rule of law. Data protection law and international jurisdiction on the.
In the classic view, international law and democracy are simply not related, as international law is to remain neutral visavis any political model. Svantesson, private international law and the internet kluwer law international 2007 1, stating that many, not to say most, states private international law rules do in fact provide. Unijuris unilateralism and the protection of global. Utrecht, 1998 is deputy director, netherlands institute for the law of the sea, utrecht university and. His most recent book is jurisdiction in international law oup 2015, 2nd ed. Complementarity and the exercise of universal jurisdiction. 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. Cedric ryngaert, jurisdiction in international law new york. Writing from the other side of the fence, as she puts it, muir watt notes that these balancing concerns have long been at the center of debates in private international law. Cedric ryngaert speaks at conference on the principle of common concern in global law at world trade institute. 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.
Subsidiarity and the law of jurisdiction by cedric ryngaert. Memorial for respondent price media law moot court. Memorial for respondent price media law moot court competition. 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. Rule of law, security and transitional justice in fragile. Don kirk, north and south trade charges over naval clash, n.
Apr 23, 2015 the second edition of the jurisdiction in international law book by prof. The nexus between the national and the international rule. 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. Lirgiad, the leuven interdisciplinary research group on international agreements and. Complementarity and the exercise of universal jurisdiction for.
Oxford university press, 2008 32 comite maritime international, the travaux preparatoires of the convention on salvage 1989 antwerp. 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. Manns work in the 1980s, no analytical overview has been attempted of this crucial topic in. Nollkaemper, karen knop, robert mccorquodale, lorna mcgregor, jo murkens, cedric ryngaert, yuval shany, ganesh sitaraman, sandesh sivakumaran, paul stephen and ingrid wuerth for comments on earlier drafts, and radha govil for research assistance. Cedric ryngaert addresses european parliament in brussels on the connection between eu external relations and universal jurisdiction. Professor dr cedric ryngaert is associate professor of international law at ku leuven and utrecht university. Traditional international space law attributes the right to exercise jurisdiction over the space object to the state of registry, according to art. Cedric ryngaert has been published by oxford university press. Jurisdiction in international law by cedric ryngaert oxford university press, oxford, 2008, isbn 9780199544714, 310 pp. Multilateral versus unilateral exercises of universal. Such jurisdiction is concerned with the reach of a states.
Universal jurisdiction amnesty international canada. Odious debts and state succession the neutral position of classic international law on democracy is illustrated by the. Ann sofie cloots is research fellow at the research foundation flanders and. Jurisdiction in international law by cedric ryngaert article pdf available in international and comparative law quarterly 58 04. Cedric has taught courses on public international law, the law of international organizations, and the law of armed conflicts. Jurisdiction over antitrust violations in international law. 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. Phd candidate at the leuven centre for global governance studies and institute for international law at ku leuven. This does not mean that international law rejects democracy.