2009 Fiscal Year Final Research Report

Reconsideration of the Basis and Ambit of the Exercise of Jurisdiction

Research Project

Project/Area Number	19730036
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 Okayama University, 大学院・社会文化科学研究科, 准教授 (00346404)
Project Period (FY)	2007 – 2009
Keywords	国家管轄権 / 域外適用 / 刑事管轄権 / 普遍主義 / 保護主義 / 強行規範 / 人権侵害
Research Abstract	This project aimed at analyzing the basis and ambit of the criminal jurisdiction in light of the theoretical as well as historical point of view, in order to clarify what function the exercise of jurisdiction assumes in international legal system. In particular, it addressed the jurisdictional principles such as universality and protective principle and worked out that the exercise of jurisdiction under these principles can serve to complement the function of providing a remedy for injury in a broad sense when primarily responsible jurisdictions (territoriality and nationality) are unable or unwilling to do so.