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Questions and Answers
What does jurisdiction primarily relate to in the context of state authority?
What does jurisdiction primarily relate to in the context of state authority?
- Ability to legislate solely on constitutional matters
- Right to regulate trade between nations
- Authority to exert influence, apply, and enforce rules (correct)
- Power to grant diplomatic immunity
Which principle of jurisdiction is considered the most basic and uncontroversial?
Which principle of jurisdiction is considered the most basic and uncontroversial?
- Territorial principle (correct)
- Universal principle
- Protective principle
- Passive personality principle
Which principle allows a state to apply its laws to individuals regardless of their location?
Which principle allows a state to apply its laws to individuals regardless of their location?
- Prescriptive principle (correct)
- Territorial principle
- Universal principle
- National principle
What is the primary purpose of established principles of jurisdiction in international law?
What is the primary purpose of established principles of jurisdiction in international law?
What does the passive personality principle allow a state to do?
What does the passive personality principle allow a state to do?
In the Lotus case, what restriction did the PCIJ highlight regarding a state's exercise of power?
In the Lotus case, what restriction did the PCIJ highlight regarding a state's exercise of power?
Which of the following is NOT one of the five principles that support a state's legislative jurisdiction?
Which of the following is NOT one of the five principles that support a state's legislative jurisdiction?
Which aspect of state jurisdiction refers specifically to the right to enforce laws and decisions?
Which aspect of state jurisdiction refers specifically to the right to enforce laws and decisions?
Which of the following accurately reflects the concept of objective territoriality?
Which of the following accurately reflects the concept of objective territoriality?
What does the subjective territoriality principle primarily rely on?
What does the subjective territoriality principle primarily rely on?
How does the nationality principle differ from the passive personality principle?
How does the nationality principle differ from the passive personality principle?
What is a main criticism of the passive personality principle?
What is a main criticism of the passive personality principle?
The protective principle allows states to assert jurisdiction based on what criterion?
The protective principle allows states to assert jurisdiction based on what criterion?
Which offense is typically associated with the concept of universal jurisdiction?
Which offense is typically associated with the concept of universal jurisdiction?
What characterizes offenses under universal jurisdiction?
What characterizes offenses under universal jurisdiction?
Which of the following is a potential consequence of concurrent jurisdiction?
Which of the following is a potential consequence of concurrent jurisdiction?
In international law, which principle has gained acceptance particularly in the context of terrorism?
In international law, which principle has gained acceptance particularly in the context of terrorism?
What principle supports a state's jurisdiction over an offense due to the offender's actions having a detrimental effect on the state?
What principle supports a state's jurisdiction over an offense due to the offender's actions having a detrimental effect on the state?
The ‘active personality’ principle is fundamentally connected to which of the following concepts?
The ‘active personality’ principle is fundamentally connected to which of the following concepts?
Why did Harvard Research in International Law initially exclude the passive personality principle?
Why did Harvard Research in International Law initially exclude the passive personality principle?
Which principle asserts a state's right to exercise jurisdiction over serious crimes regardless of location?
Which principle asserts a state's right to exercise jurisdiction over serious crimes regardless of location?
Which principle is likely to lead to challenges in international law enforcement due to conflicting national laws?
Which principle is likely to lead to challenges in international law enforcement due to conflicting national laws?
How does the protective principle traditionally limit its jurisdiction in practice?
How does the protective principle traditionally limit its jurisdiction in practice?
What is the principle of double criminality in the context of extradition?
What is the principle of double criminality in the context of extradition?
Under what condition might extradition be denied based on human rights law?
Under what condition might extradition be denied based on human rights law?
What does the principle of 'double jeopardy' state?
What does the principle of 'double jeopardy' state?
What is the doctrine of 'male captus, bene detentus' related to?
What is the doctrine of 'male captus, bene detentus' related to?
What distinguishes sovereign immunity from non-sovereign acts?
What distinguishes sovereign immunity from non-sovereign acts?
Which document established the principle of state immunity in treaty law?
Which document established the principle of state immunity in treaty law?
In the context of state immunity, what does 'restrictive immunity' entail?
In the context of state immunity, what does 'restrictive immunity' entail?
Why do state representatives enjoy certain immunities?
Why do state representatives enjoy certain immunities?
What was the significance of the German Federal Constitutional Court's decision in 1963 regarding state immunity?
What was the significance of the German Federal Constitutional Court's decision in 1963 regarding state immunity?
What is one condition mentioned that could prevent prosecution based on extradition irregularities?
What is one condition mentioned that could prevent prosecution based on extradition irregularities?
What is a characteristic of the Eichmann case regarding extradition?
What is a characteristic of the Eichmann case regarding extradition?
What does the Vienna Convention on Diplomatic Relations stipulate about diplomats?
What does the Vienna Convention on Diplomatic Relations stipulate about diplomats?
Which of the following best describes the evolution of state immunity?
Which of the following best describes the evolution of state immunity?
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Study Notes
Jurisdiction in International Law
- Jurisdiction refers to a state's authority to exert influence and power, including making, applying, and enforcing its rules.
- Sovereignty grants states the exclusive right to govern their internal affairs.
- International law establishes principles of jurisdiction to balance a state's rights with the interests of other states.
- These principles are part of the international law of coexistence.
Types of Jurisdiction
- Prescriptive Jurisdiction: A state's authority to apply its laws to individuals, property, or events, regardless of location.
- Adjudicative Jurisdiction: A state's authority to hear and decide cases.
- Enforcement Jurisdiction: A state's authority to enforce its laws.
Principles of Prescriptive Jurisdiction
- Territorial Principle: A state has jurisdiction over acts committed within its territory, including land, territorial sea, and airspace.
- Objective Territoriality: Jurisdiction over crimes completed within a state's territory, even if elements started abroad.
- Subjective Territoriality: Jurisdiction over crimes initiated within a state's territory, even if completed elsewhere.
- Nationality Principle: States can extend their laws to their nationals, regardless of location.
- Passive Personality Principle: A state can assert jurisdiction over crimes committed abroad if the victim is a national of that state.
- This principle has been controversial and increasingly accepted in recent years, particularly in the context of international terrorism.
- Protective Principle: A state may extend its jurisdiction over matters that harm its interests, regardless of location or perpetrator.
- This principle is often used to combat drug smuggling and international terrorism.
- Universal Principle: Certain serious offenses, like genocide and war crimes, are subject to jurisdiction by any state, regardless of the connection to the offense.
- This principle arose from the historical practice of prosecuting piracy on the high seas.
Concurrent Jurisdiction and Extradition
- Multiple states may have jurisdiction over a single case, leading to potential conflicts.
- The state with physical custody of the offender typically determines which state will exercise jurisdiction.
- Aut dedere aut judicare: The principle that a state must either extradite an individual or prosecute them.
- Extradition is governed by principles like "double criminality" and "double jeopardy."
State Immunity
- Foreign states and their representatives are entitled to immunity from the jurisdiction of other states.
- This principle is a matter of international law, not just courtesy.
- State immunity applies to the state and its organs of government (ministries, diplomatic missions, armed forces).
- State immunity has evolved from absolute immunity to restrictive immunity, recognizing exceptions for commercial and economic activities.
- Jure imperii: Acts of a sovereign nature.
- Jure gestionis: Acts of a non-sovereign nature.
- Diplomatic Immunity: Diplomats enjoy absolute immunity from the jurisdiction of the host state, as enshrined in the Vienna Convention on Diplomatic Relations.
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