Hassan, Maira --- "A legal perspective on extraterritorial policin" [2018] ELECD 1324; in den Boer, Monica (ed), "Comparative Policing from a Legal Perspective" (Edward Elgar Publishing, 2018) 272

Book Title: Comparative Policing from a Legal Perspective

Editor(s): den Boer, Monica

Publisher: Edward Elgar Publishing

ISBN: 9781785369100

Section: Chapter 13

Section Title: A legal perspective on extraterritorial policin

Author(s): Hassan, Maira

Number of pages: 18

Abstract/Description:

The phenomenon of extraterritorial policing captures various opinions including discussions of enforcement practices of extraterritorial policing contemplating extraterritorial laws in place, if and how they function. There are concerns as to the legitimacy of such policing practices and powers, especially whether their inclusion in national laws is desirable contrasted by the need to end immunity of crimes that often breed on being cross-jurisdictional. In exploring the conundrums pertaining to extraterritoriality, the chapter investigates the legal foundations which justify extraterritorial policing from a comparative international perspective allowing for an in depth view of the laws that give power to police forces across their domestic jurisdictions and territories. In doing so, the author takes into account cross-jurisdictional courts and cases. She also identifies gaps in extraterritorial policing and the laws that govern it, its potential, for good and possible harm, as well as suggestions for reform, ensuring that enforcement beyond one’s national borders, even in the name of eliminating immunity, is within its legal parameters and subjected to the Rule of Law