Adjustment－Looking on the Issue of International Criminal Law and Internationalized Criminal Law

• Main Authors: Yan-Kai Peng, 彭彥凱
• Other Authors: Chen-Yo Choh
• Format: Others
• Language: zh-TW
• Published: 2006
• Online Access: http://ndltd.ncl.edu.tw/handle/88111839821937996137

碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 94 === The purpose of this thesis would try to focus on the trend which may affect state’s domestic legislative strategy of criminal matters. Indeed the milieu of economic globalization has brought about some positive effects, but the negative influences could exist potentially. As mentioned above, some traditional international crimes may renew their techniques because of the above mentioned effect information interchanges, and lots of whole new international crimes are still needed to be affirmed the elements (of crimes). Although a large number of international criminal conventions and treaties have been concluded to prevent and punish international crimes that would harm and threatens the common interests and fundamental human rights of international community, it is hard for all states to have correspondent criminal laws due to the complicated views of international criminal law. Even valid international criminal conventions and treaties on international crimes can be weakened or even turn out to be void for lack of the support of domestic legislation with regard to international crimes by individual states concerned. Hence, under the background of internationalization (even more people may call as globalization), it is important and necessary to constitute and revise domestic criminal law for internationalization. The article would be divided into three parts. First of all would introduce basic concept of international criminal law. And furthermore would discuss what may commit to international crimes and how to determine them under international law documents. Secondly, the article would think about the background and development of internationalized crimes, if some circumstances cause the increase of crimes which are considered as internal commissions originally. Finally, the article would present models such as Germany, Canada and Denmark, which legislate internationalized criminal laws, could find some useful schemes for legislative reference. Also, the article would review the statute of Taiwan and try to give some advices about make real internationalized criminal laws. Keyword: International Criminal Law, International Crimes, Jus Cogens, Rome Statute, Internationalization.