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Article

Lianlian Liu

The issue of concurrent jurisdiction over cross-border crimes has become common in a globalizing world, while the rigid compliance with territoriality and active…

Abstract

Purpose

The issue of concurrent jurisdiction over cross-border crimes has become common in a globalizing world, while the rigid compliance with territoriality and active personality jurisdiction has created a legal vacuum for cross-border crimes in many situations. The jurisdiction dispute between mainland China and Taiwan over cross-border telecom fraud crimes is a good example. In recent years, the Ministry of Public Security of the People’s Republic of China cracked down a series of cross-border telecom fraud crimes against mainland residents and extradited suspects to mainland China. Given a certain proportion of Taiwan residents in criminal gangs, the Taiwan side raised jurisdiction objections, arguing that mainland China had no right to exercise jurisdiction over Taiwanese criminals. The essence of the jurisdiction dispute between two sides is the concurrence of Taiwan’s right to exercise active personality jurisdiction and the mainland’s right to exercise passive personality jurisdiction. The purpose of this paper is to analyze the connotation of different jurisdiction principles (namely, territorial, active personality, protective and passive personality jurisdiction) and reinterpret their prioritization of applicability from a jurisprudential perspective, and thus, enhance the theoretical basis for resolving the issue of concurrent jurisdiction over cross-border crimes.

Design/methodology/approach

By reviewing the historical trajectory of major jurisdiction principles since the 1920s, and studying the specificities of the case in this context, this paper argues that territorial jurisdiction and active personality jurisdiction have presumed priority but not an absolute priority for resolving the issue of concurrent jurisdiction. The applicability of protective and passive personality jurisdiction could precede the former provided the jurisdictions of territoriality or active personality are inadequate, incompetent or lack of motivation to combat crimes, which harm other jurisdictions.

Findings

The developmental trajectory and contemporary connotation of major jurisdiction principles suggests that the legitimacy of the mainland’s exercise of passive personality jurisdiction over Taiwan criminal suspects lies in the urgent need to recover mainland victims’ significant property loss, the incompetence of Taiwan in detecting and prosecuting telecom fraud crimes committed by Taiwanese residents and targeting mainland victims and that the mainland has guaranteed the Taiwan side’s right to be timely informed and fully participate in its exercise of criminal jurisdiction over crimes involving Taiwan suspects.

Originality/value

Current literature on jurisdiction doctrines mainly uses a historical or descriptive approach to reveal the attitudes of different countries toward jurisdiction principles, which helps little in resolving the issue of concurrent jurisdiction over cross-border crimes in an era of globalization. This paper uses an interpretative approach, reinterprets the contemporary connotation of different jurisdiction principles and redefines the criteria for determining their prioritization in the context of the specificities of a case. It is expected to update the academic literature for resolving concurrent jurisdiction, fill the legal vacuum for combating cross-border crimes created by rigid compliance with territorial jurisdiction, and meanwhile relieve concerns about abuse of extraterritorial jurisdiction as it provides concrete standards for weighting the applicability of jurisdiction principles.

Details

Journal of Financial Crime, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1359-0790

Keywords

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Book part

Ellen S Podgor

This article begins by exploring the development of extraterritoriality in the United States. It notes the expansion of extraterritorial provisions within federal criminal…

Abstract

This article begins by exploring the development of extraterritoriality in the United States. It notes the expansion of extraterritorial provisions within federal criminal legislation and how these provisions permit prosecutors to proceed with criminal actions for conduct occurring outside this country. It also reflects on the use of an “objective territorial principle” by the judiciary, that permits criminal prosecutions whenever the conduct of the actor has a substantial effect in the United States. As an alternative to using “objective territoriality,” this article advocates for using a “defensive territoriality” approach. This article stresses the benefits of using a “defensive territoriality” approach to decide whether to prosecute an extraterritorial crime.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-209-2

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Article

Mary B. Sarver and Holly Miller

– The purpose of this paper is to examine the leadership styles of police chiefs and how these styles related to demographic, personality, and effectiveness.

Abstract

Purpose

The purpose of this paper is to examine the leadership styles of police chiefs and how these styles related to demographic, personality, and effectiveness.

Design/methodology/approach

Participants included 161 police chiefs in Texas who completed the Multifactor Leadership Questionnaire (MLQ 5X-Short) leader form, the NEO Five-Factor Inventory (NEO-FFI), and a background characteristics form.

Findings

Results indicate that the police chiefs were fairly evenly classified across leadership styles with the Transformational leaders rated as most effective. Transformational leaders are characterized as confident, energetic, and open-minded. Although few of the demographic variables predicted leadership styles, several of the personality characteristics were significant predictors.

Originality/value

Few previous studies have reported the relationship between police leadership style, personality, and effectiveness. This study adds to the body of knowledge regarding the relationship between these variables by specifically targeting police chiefs.

Details

Policing: An International Journal of Police Strategies & Management, vol. 37 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

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Article

Chat Le Nguyen

The purpose of this paper is to examine the international standards for establishing national jurisdiction over the transnational crimes of money laundering and bribery…

Abstract

Purpose

The purpose of this paper is to examine the international standards for establishing national jurisdiction over the transnational crimes of money laundering and bribery and identify challenges to the adoption of those standards by different states in practice.

Design/methodology/approach

This paper, first, defines transnational money laundering and transnational bribery; then, it examines the legal bases and principles on which a state can claim criminal jurisdiction over these offences. This paper also discusses the application of jurisdictional conditions in a transnational context and how to deal with the problems arising from national claim of jurisdiction over these offences, for example, jurisdictional concurrence.

Findings

This paper argues that when the jurisdictional concurrence occurs, the involved states should consult one another by taking into account a number of relevant factors and take the “centre of gravity” approach to deciding which state or forum should prosecute eventually. States less able to establish jurisdiction over the offences are often those which have a weak legal basis and/or insufficient resources.

Originality/value

To the authors’ knowledge, this article would be the good guidance on how a state could claim jurisdiction over the offences of transnational money laundering and transnational bribery.

Details

Journal of Financial Crime, vol. 27 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

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Article

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

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Article

G. Vermeulen

Traditionally the application of national criminal law is limited to national territory. According to the territorial principle — which takes a central place in most…

Abstract

Traditionally the application of national criminal law is limited to national territory. According to the territorial principle — which takes a central place in most jurisdictions — the active corruption of national officials or public officers, provided it is committed on national territory, can give rise to prosecution, irrespective of the question whether the offender is a national or a foreigner. As for acts of passive corruption committed on national territory the same principle applies: as a rule, prosecution of the corrupted national official will be possible by virtue of the national provisions concerning criminal proceedings and the determination of the competent court.

Details

Journal of Money Laundering Control, vol. 1 no. 1
Type: Research Article
ISSN: 1368-5201

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Abstract

Details

Traffic Safety and Human Behavior
Type: Book
ISBN: 978-1-78635-222-4

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Book part

Maryann Feldman and Roger Martin

This chapter aims to advance economic development theory through the concept of jurisdictional advantage; demonstrating how places might strategically position themselves…

Abstract

This chapter aims to advance economic development theory through the concept of jurisdictional advantage; demonstrating how places might strategically position themselves to gain economic advantage; then considering how this place-specific advantage might be constructed. We choose the term “jurisdiction” to define the set of actors that have a common interest in a spatially bound community. Jurisdictions are entities with a legitimate political ability to influence social and economic outcomes within their boundaries. Borrowing from the literature on corporate strategy, the uniqueness of local capabilities becomes a source of advantage for jurisdictions. We consider how to measure and construct jurisdictional advantage.

Details

New Perspectives in International Business Research
Type: Book
ISBN: 978-1-84855-279-1

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Article

Georgios I. Zekos

Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce…

Abstract

Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the effect of globalization. Considers the potential for the EU to standardize rules and advance its economic integration agenda. Looks at present EU laws in this area. Covers the unicitral model law on electronic commerce, its merits and its problems. Discusses personal jurisdiction under traditional rules and cyberspace transactions. Concludes that existing legislation must be re‐evaluated in the light of technological advances, the need for a more mobile kind of legal person and the worldwide nature of transactions across territorial boundaries, paperless contracts and digital signatures and the use of self‐regulation are also covered.

Details

Managerial Law, vol. 44 no. 5
Type: Research Article
ISSN: 0309-0558

Keywords

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Abstract

Details

Traffic Safety and Human Behavior
Type: Book
ISBN: 978-0-08-045029-2

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