ABSTRACT
For several decades now, scholars have been debating the emergence and consequences of legal frameworks providing the structure necessary to exercise the ius puniendi in a transnational setting.1 The historical dimension is central to this discussion: the founding and consolidation of state jurisdiction rests upon the Westphalian model of a state, based on territoriality and a monopoly of force,2 which is
1Neil Boister, An Introduction to Transnational Criminal Law (Oxford University Press, 2012) 3-23; Kai Ambos, Internationales Strafrecht (CH Beck, 4th edn 2014) 2-5; Helmut Satzger, International and European Criminal Law (CH Beck, 2012) 2. 2Daniel-Erasmus Khan, ‘Territory and Boundaries’ in Bardo Fassbender and Anne Peters (eds), Oxford Handbook of the History of International Law (Oxford University Press, 225, 233-5.
