Academic

Chethem on Punishment for Extraterritorial Conduct

By Lawrence Solum

Alejandro Chehtman (London School of Economics - Law Department) has posted Should States Have the Right to Punish Municipal Offences Committed Abroad? on SSRN. Here is the abstract:

This paper provides a philosophical critique of the principles that currently govern extraterritorial criminal jurisdiction under public international law. I start by outlining an interest-based justification for the right to punish offenders which, I suggest, is sensitive to the territorial dimension of the criminal law. On its basis, I argue that the nationality and passive personality principles have hollow foundations; by contrast, this justification fully explains what makes the territoriality and protective principles morally sound. Finally, this paper takes issue with the two most influential justifications for legal punishment available in the literature, i.e., retribution and deterrence. It argues that when pressed against the issue of extraterritoriality, they are committed to conferring upon states universal criminal jurisdiction for municipal offences. Although this does not prove them wrong, it is an implication that few of their supporters would be happy to endorse.

Full post as published by Legal Theory Blog on March 05, 2008 (boomark / email).