Restructuring the Theory of Jurisdiction in Light of the Principle of Legality
| Project/Area Number |
26380062
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Okayama University |
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Principal Investigator |
Takeuchi Mari 岡山大学, 社会文化科学研究科, 教授 (00346404)
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Project Status |
Completed (Fiscal Year 2016)
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| Budget Amount *help |
¥2,990,000 (Direct Cost: ¥2,300,000、Indirect Cost: ¥690,000)
Fiscal Year 2016: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2015: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2014: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Keywords | 国際法 / 管轄権 / 罪刑法定主義 / 刑事法 / 人権 / 域外適用 / 国際犯罪 / 普遍管轄権 |
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| Outline of Final Research Achievements |
This research project aimed at restructuring the theory of jurisdiction by assessing how the principle of legality restrict the exercise of jurisdiction in an actual context.
The research outcomes are as follows. First, this project has achieved to confirm that the principle of legality actually functions as restrictive factors upon the exercise of jurisdiction. In response to the requirement of the principle of legality, states have established certain conditions for the exercise of jurisdiction or procedural requirements to ensure the foreseeability of law and forum for the accused. Second, this project has also succeeded in obtaining an insight that while the harmonization of the criminal law and procedure that certain multilateral conventions have sought to achieve functions as a facilitating factors for the international cooperation, it also functions as factors to ensure the foreseeability of law and forum for the accused.
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Report
(4 results)
Research Products
(13 results)
