Jonathan Bourguignon | Postgraduate
Former Member
Home Institution
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Institut des Hautes Etudes Internationales (IHEI), Université Paris-2 Panthéon-Assas
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Position
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PhD Student (public law)
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Biography
Doctorant en droit (international) public à l'Université Panthéon-Assas
Droit international public - droit pénal international - enjeux technologiques - droits de l'homme
Researchtopic
Transnational crime has substantially changed since the mid-twentieth century. The threat has intensified, by taking advantage of the new opportunities provided by the globalisation of trade and communications, as well as the lack of legal framework to tackle it. Organised crime and terrorism have expanded their activities throughout the world, maritime piracy has regained strength, including within the territorial sea of weakened States. Transnational crime is now also more diversified. In particular, the development of new information technologies led to the emergence of "cybercrimes", which the traditional grounds of criminal jurisdiction fail to address properly.
This evolution has led certain States to adapt, unilaterally or on a multilateral basis, the scope and extent of the norms of their respective legal orders, in order to strengthen the protection of their public order. Yet, such extensions favour risks of overlaps and conflicts of state jurisdiction, in a matter where the boundaries of customary international law seem to be unclear, and treaty-law insufficient.
It is thus interesting to analyse state practice, so as to clarify the current state of international law and prevent conflicts of state jurisdiction — in particular through the determination of the existence of customary norms on state jurisdiction with regard to transnational crime.