Japan and extraterritorial criminal jurisdiction

Danielle Ireland-Piper, Machiko Kanetake

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

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 languageEnglish
Title of host publicationExtraterritoriality in East Asia
Subtitle of host publicationExtraterritorial Criminal Jurisdiction in China, Japan, and South Korea
PublisherEdward Elgar Publishing Ltd.
Pages78-107
Number of pages30
ISBN (Electronic)9781788976664
ISBN (Print)9781788976657
Publication statusPublished - 1 Jan 2021
Externally publishedYes

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