2012 Fiscal Year Final Research Report

Analysis on the modality of enforcement jurisdiction

Research Project

Project/Area Number	22730041
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	International law
Research Institution	Okayama University
Principal Investigator	TAKEUCHI Mari 岡山大学, 大学院・社会文化科学研究科, 准教授 (00346404)
Project Period (FY)	2010 – 2012
Keywords	国際公法 / 域外適用 / 管轄権
Research Abstract	This project aimed at analyzing the factors that may affect and limit the exercise of jurisdiction by a state over events that take place in the territory of another state. Due to the fact that it is only the territorial state that may conduct investigation and make an arrest within its own territory, there would be no need for other states to exercise jurisdiction by themselves so long as the territorial state is effectively doing so. In addition, the effectiveness of the exercise of jurisdiction of other states depends on whether they can obtain the judicial cooperation from the territorial state. Premised on this, analysis was made on how the lack of effective exercise of jurisdiction on the part of the territorial state may be identified, and, in that case, how the effectiveness of the exercise of other states’ jurisdiction can be ensured.