Japan and extraterritorial criminal jurisdiction

Danielle Ireland-Piper, Machiko Kanetake

    Research output: Chapter in Book/Report/Conference proceedingChapter

    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: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea
    Editors Danielle Ireland-Piper
    Place of PublicationLondon
    PublisherEdward Elgar Publishing
    Pages78-107
    Edition1
    ISBN (Print)9781788976664
    DOIs
    Publication statusPublished - 2021

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