Abstract
Chapter Four considers the exercise of extraterritorial criminal jurisdiction in Japan. We include a brief historical overview and introduce the constitutional landscape serving as backdrop to exercises of extraterritoriality. Legislation asserting extraterritorial jurisdiction is then considered, as is the approach of Japanese courts to extraterritorial jurisdiction. We conclude with observations, including that Japan has a strong reliance on the nationality principle and that Japanese courts seem to accept that jurisdictional claims can have primacy, but are not exclusive and therefore, can give rise to competing claims.
Original language | English |
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Title of host publication | Extraterritoriality in East Asia |
Subtitle of host publication | Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea |
Publisher | Edward Elgar Publishing Ltd. |
Pages | 78-107 |
Number of pages | 30 |
ISBN (Electronic) | 9781788976664 |
ISBN (Print) | 9781788976657 |
Publication status | Published - 1 Jan 2021 |
Externally published | Yes |