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A New Jurisprudential Framework for Jurisdiction: Beyond the Harvard Draft

  • Dan Jerker B. Svantesson (a1) (a2)
Extract

Eighty years ago, in 1935, a major step was taken in international law; the Harvard Research Draft Convention on Jurisdiction with Respect to Crime (“Harvard Draft”) was published in the American Journal of International Law. The influence of the Harvard Draft has been nothing but phenomenal and must surely have exceeded the drafters’ wildest ambitions. Indeed, it is fair to say that the structure put forward in the Harvard Draft has represented public international law’s approach to jurisdiction ever since.

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References
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1 Draft Convention on Jurisdiction with Respect to Crime, 29 AJIL 439 (1935).

2 Svantesson, Dan Jerker B., Will data privacy change the law?, OUPblog (May 31, 2015).

3 Svantesson, Dan Jerker B., After Microsoft v. U.S.—Law Enforcement in the Cloud (1 of 2) , Linkedin Pulse (Dec. 31, 2014).

4 Brief for Appellant, Microsoft Corporation v. United States (2d Cir.); for European Union-side, see Brief of Amicus Curiae Jan Philipp Albrecht, Member of the European Parliament, Microsoft Corporation v. United States (2d Cir.).

5 Government’s Brief in Support of the Magistrate Judge’s Decision to Uphold a Warrant Ordering Microsoft to Disclose Records Within its Custody and Control, In re A Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft, 15 F. Supp. 3d 466 (S.D.N.Y. 2014).

6 Svantesson, Dan Jerker B., Private International Law and the Internet (2nd ed., 2012).

* The views expressed herein are those of the author and are not necessarily those of the Australian Research Council.

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AJIL Unbound
  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
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