Abstract

http://ssrn.com/abstract=1337777
 
 

Footnotes (176)



 


 



Universal Jurisdiction as an International 'False Conflict' of Laws


Anthony J. Colangelo


Southern Methodist University - Dedman School of Law

February 4, 2009

Michigan Journal of International Law, Forthcoming
SMU Dedman School of Law Legal Studies Research Paper No. 00-35

Abstract:     
This symposium Essay uses the private law notion of a "false conflict" of laws to develop a coherent and normatively sound legal framework for evaluating the exercise of universal jurisdiction by states in the international legal system.

The Essay suggests that properly exercised, universal jurisdiction creates no conflict of laws among states because, as a matter of prescriptive jurisdiction, universal jurisdiction is never really extra-territorial, and thus never generates the possibility of conflicting, overlapping laws. Rather, universal jurisdiction comprises a comprehensive territorial jurisdiction, originating in a universally-applicable international law that covers the globe. Individual states may apply and enforce that law in domestic courts, to be sure, but its prescriptive scope encompasses all territory subject to international law, i.e. the entire world.

Because the justification for exercising universal jurisdiction is an entitlement to apply international law, a number of limiting principles follow from a false-conflict view: (i) states must faithfully apply international law, or else risk violating both other states' sovereignties and individual rights; (ii) the international law of sovereign immunity applies; and (iii) non bis in idem or double jeopardy protection attaches to bar successive prosecutions based solely on universal jurisdiction.

Number of Pages in PDF File: 45

Accepted Paper Series


Download This Paper

Date posted: February 5, 2009 ; Last revised: January 7, 2012

Suggested Citation

Colangelo, Anthony J., Universal Jurisdiction as an International 'False Conflict' of Laws (February 4, 2009). Michigan Journal of International Law, Forthcoming; SMU Dedman School of Law Legal Studies Research Paper No. 00-35. Available at SSRN: http://ssrn.com/abstract=1337777

Contact Information

Anthony J. Colangelo (Contact Author)
Southern Methodist University - Dedman School of Law ( email )
P.O. Box 750116
Dallas, TX 75275
United States
2147682372 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,089
Downloads: 251
Download Rank: 69,034
Footnotes:  176
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.313 seconds