Una propuesta para dotar de liquidez a las micro, pequeñas y medianas empresas, y sostener la planta laboral en tiempos de crisis

Abstract

UNIVERSAL JURISDICTION IS AN EXCEPTIONAL GROUND FOR A STATE TO TRY A FOREIGN CRIMINAL FOR OFFENCES NOT COMMITTED NEITHER WITHIN NATIONAL TERRITORY NOR AGAINST ITS NATIONALS. CONSENSUS EXISTS ON THE EXCEPTIONAL CHARACTER OF THIS RIGHT, SINCE IT IS AIMED AT PROTECTING THE MOST FUNDAMENTAL VALUES AND INTERESTS OF THE INTERNATIONALCOMMUNITY AS A WHOLE. THIS RIGHT MUST BE DISTINGUISHED FROM THE AUT DEDERE AUT JUDICARE PRINCIPLE. A RELEVANT FACTOR TO DETERMINE WHETHER A CONDUCT IS SUBJECT TO THIS EXCEPTIONAL JURISDICTION IS THE DOUBLE OPINIO JURIS TO EXIST IN FAVOUR OF BOTH ITS STATUS AS AN INTERNATIONAL CRIME AND SPECIFICALLY THAT IT IS INDEED SUBJECT TO UNIVERSAL JURISDICTION. IT SEEMS CLEAR THAT PIRACY, SLAVERY, WAR CRIMES, CRIMES AGAINST HUMANITY AND GENOCIDE ARE SUBJECT TO UNIVERSAL JURISDICTION. THERE EXISTS INCREASING STATE PRACTICE ON THE EXERCISE OF UNIVERSAL JURISDICTION, THOUGH IT IS CRITICISED ON THE GROUNDS THAT IT CHALLENGES OTHER STATES' SOVEREIGNTY.