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How far can a state extend its jurisdiction beyond its borders? In this chapter we make the distinction between state sovereignty and jurisdiction and then outline the five principles of extraterritorial jurisdiction. By providing examples for each jurisdictional principle, the differences between them are sharpened and the ways in which they may overlap are clarified. An interesting area for extraterritorial jurisdiction is the Internet; a brief examination of the European Union’s General Data Privacy Regulation serves to highlight the complexities. The chapter concludes with two practices states can use to attempt to pull alleged criminals who are in another state back into their own jurisdiction for prosecution. Extradition is a legal process agreed to by states. Rendition, though also used by some states, is not and runs afoul of human rights.
This chapter provides a concise overview and analysis of Libya’s recent history, in particular the era of Colonel Qadhafi’s reign, which started with the 1969 revolution. As from this moment on, Libya was dominated and shaped by Qadhafi’s specific brand of revolution at home and anti-imperialistic adventurism abroad. Eventually, major powers were antagonized to such an extent that Libya was treated as a pariah state by the international community. In a remarkable volte-face around the turn of the century, a series of backchannel negotiations between Libya and (primarily) the United Kingdom and the United States resulted in agreements on financial compensation for the Lockerbie victims, Libya’s renunciation of terrorism, and the country’s denouncement of its weapons of mass destruction. After UN, EU, and US sanctions had been lifted, Libya was fully rehabilitated on the world stage, and economic, political, and intelligence relations flourished. However, Libya’s human rights record remained poor, and since the Libyan leadership failed to introduce any meaningful political reforms, domestic oppression continued to persist.
Previous chapters in this book have focused on domestic (or municipal) law within Hong Kong. This chapter examines the interface between Hong Kong law and international law and Chinese law (PRC law). It looks at the distinct international legal personality that Hong Kong possesses, Hong Kong’s engagement with international entities and the application of international law in Hong Kong. Previous chapters have discussed certain aspects of the interface between Hong Kong and the PRC legal system, and this chapter builds on this by focusing on mutual legal assistance between the two legal systems, access to the Mainland market for legal services from Hong Kong and cross-border crime.
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