06 Jurisdiction MCQs

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Questions and Answers

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?

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?

Prescriptive principle (correct)

Territorial principle

Universal principle

National principle

What is the primary purpose of established principles of jurisdiction in international law?

To balance state powers and rights Signup and view all the answers

What does the passive personality principle allow a state to do?

Prescribe laws based on nationality of victims Signup and view all the answers

In the Lotus case, what restriction did the PCIJ highlight regarding a state's exercise of power?

States may not exercise their power in another state's territory. Signup and view all the answers

Which of the following is NOT one of the five principles that support a state's legislative jurisdiction?

Cooperative principle Signup and view all the answers

Which aspect of state jurisdiction refers specifically to the right to enforce laws and decisions?

Enforcement jurisdiction Signup and view all the answers

Which of the following accurately reflects the concept of objective territoriality?

A state has jurisdiction over offenses completed within its territory, even if elements occurred abroad. Signup and view all the answers

What does the subjective territoriality principle primarily rely on?

The origin of the offense being tied to the state's territory. Signup and view all the answers

How does the nationality principle differ from the passive personality principle?

The nationality principle concerns nationals abroad, while passive concerns nationals as victims. Signup and view all the answers

What is a main criticism of the passive personality principle?

It creates legal uncertainty about which laws apply to individuals. Signup and view all the answers

The protective principle allows states to assert jurisdiction based on what criterion?

The harmful effect of the act on the state. Signup and view all the answers

Which offense is typically associated with the concept of universal jurisdiction?

Piracy. Signup and view all the answers

What characterizes offenses under universal jurisdiction?

They can be prosecuted by any state regardless of connection. Signup and view all the answers

Which of the following is a potential consequence of concurrent jurisdiction?

Potential international disputes and friction. Signup and view all the answers

In international law, which principle has gained acceptance particularly in the context of terrorism?

Passive personality principle. Signup and view all the answers

What principle supports a state's jurisdiction over an offense due to the offender's actions having a detrimental effect on the state?

Protective principle. Signup and view all the answers

The ‘active personality’ principle is fundamentally connected to which of the following concepts?

The nationality of the offender regardless of location. Signup and view all the answers

Why did Harvard Research in International Law initially exclude the passive personality principle?

It was seen as likely to provoke controversy without beneficial outcomes. Signup and view all the answers

Which principle asserts a state's right to exercise jurisdiction over serious crimes regardless of location?

Universal jurisdiction. Signup and view all the answers

Which principle is likely to lead to challenges in international law enforcement due to conflicting national laws?

Concurrent jurisdiction. Signup and view all the answers

How does the protective principle traditionally limit its jurisdiction in practice?

By concentrating on serious offenses not condoned by any state. Signup and view all the answers

What is the principle of double criminality in the context of extradition?

An offense must be punishable in both the requesting and receiving states. Signup and view all the answers

Under what condition might extradition be denied based on human rights law?

If there is a risk of inhumane treatment or the death penalty. Signup and view all the answers

What does the principle of 'double jeopardy' state?

An individual should not be punished twice for the same offense. Signup and view all the answers

What is the doctrine of 'male captus, bene detentus' related to?

Permitting prosecution regardless of how the individual was brought into jurisdiction. Signup and view all the answers

What distinguishes sovereign immunity from non-sovereign acts?

Sovereign acts are performed under a state's authority. Signup and view all the answers

Which document established the principle of state immunity in treaty law?

UN Convention on Jurisdictional Immunities of States. Signup and view all the answers

In the context of state immunity, what does 'restrictive immunity' entail?

Immunity applies only to acts of state and not commercial acts. Signup and view all the answers

Why do state representatives enjoy certain immunities?

To allow them to fulfill their functions free from national jurisdiction. Signup and view all the answers

What was the significance of the German Federal Constitutional Court's decision in 1963 regarding state immunity?

It emphasized the need for state accountability in commercial matters. Signup and view all the answers

What is one condition mentioned that could prevent prosecution based on extradition irregularities?

The offense is different from that for which they were extradited. Signup and view all the answers

What is a characteristic of the Eichmann case regarding extradition?

Prosecution should abstain only if a separate offense is charged. Signup and view all the answers

What does the Vienna Convention on Diplomatic Relations stipulate about diplomats?

Diplomats have absolute immunity from the host state's jurisdiction. Signup and view all the answers

Which of the following best describes the evolution of state immunity?

It has shifted from absolute to restrictive immunity based on state actions. Signup and view all the answers

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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Description

Explore the principles and types of jurisdiction that govern international law. This quiz covers prescriptive, adjudicative, and enforcement jurisdiction, alongside the core concepts of state sovereignty and territorial authority. Test your knowledge on how these principles balance state rights with international interests.