Restructuring the Theory of Jurisdiction in Light of the Principle of Legality

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380062
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Okayama University
• Principal Investigator: Takeuchi Mari 岡山大学, 社会文化科学研究科, 教授 (00346404)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 国際法 / 管轄権 / 罪刑法定主義 / 刑事法 / 人権

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.

Free Research Field

国際公法