Extraterritorial Jurisdiction in the Law of Misdemeanour (a Comparative Analysis)
Extraterritorial Jurisdiction in the Law of Misdemeanour (a Comparative Analysis)

Summary/Abstract: Legal regulation is increasingly the basis for functioning in the modern world. Driving a car or carrying out construction work safely are no longer naturally evolved. They are defined through norms of law. Increasingly, states are using misdemeanour law to enforce it – not to condemn evil, but to discipline individuals. These developments are accompanied by the processes of globalisation. There has been a move towards the standardisation of national legal systems, particularly in the area of regulation. In a world based on the free movement of goods and services, standardised procedures for constructing buildings or driving a car make it easier to function. Against this background, the question arises to what extent misdemeanour law has acquired the value of a transnational liability regime. Is it possible to punish misdemeanours committed abroad? Is it possible to speak of a conventional misdemeanour in the same way as one speaks of a criminal offence? This thesis seeks to answer these questions. The subsequent argumentation is divided into five parts. The first characterises the class of misdemeanours as specific types of sanctionable acts. The second part addresses the issue of misdemeanour jurisdiction in the context of the limits of state authority. The third part contains comparative legal analyses, covering regulations relating to misdemeanours jurisdiction contained in eight legal systems. The fourth is devoted to the issue of a convention-based penalisation of a misdemeanour. The fifth section discusses the problem of the cross-border effectiveness of the penalties imposed.

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