Law - 06 Jurisdiction - MCQs
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Questions and Answers

What is one defining aspect of sovereignty according to the text?

  • Exclusive right of each state to govern its internal affairs (correct)
  • Unrestricted exercise of power in any form in the territory of another state
  • The ability to exert power over any territory
  • The obligation to respect the laws of other states

    • In the Lotus case, what restriction did the Permanent Court of International Justice emphasize?

  • The limitation on a state's exercise of power in the territory of another state (correct)
  • The necessity for states to exercise power in the territory of another state
  • The requirement for states to intervene in international disputes
  • The prohibition of a state to govern its internal affairs

    • How does state legal jurisdiction usually align with state boundaries according to the text?

  • It aligns only with international boundaries
  • It usually extends beyond state boundaries (correct)
  • It always aligns perfectly with state boundaries
  • It rarely extends beyond state boundaries

    • What does international law seek to balance regarding state jurisdiction?

    <p>The interests of states not to be subjected to violation</p> Signup and view all the answers

    How does the concept of jurisdiction impact the relationship between states?

    <p>It acknowledges the sovereignty and boundaries of each state</p> Signup and view all the answers

    Why do recognized principles of jurisdiction exist in international law?

    <p>To balance a state's right to exert influence with respecting other states' interests</p> Signup and view all the answers

    Under the subjective territorial approach, how does a state assert jurisdiction over offences?

    <p>By having the offence commenced within its territory</p> Signup and view all the answers

    Which principle allows a state to extend its laws to its own nationals regardless of their location?

    <p>Nationality principle</p> Signup and view all the answers

    Why did the Harvard Research in International Law exclude the passive personality principle from its 1935 Draft Convention on Jurisdiction with Respect to Crime?

    <p>It was considered controversial and unproductive</p> Signup and view all the answers

    What makes it difficult for potential offenders to anticipate which state's laws they may be subjected to under the passive personality principle?

    <p>The victim's nationality being the determining factor</p> Signup and view all the answers

    Which principle asserts that a state can legislate on any matter it desires within its own territory?

    <p>Territorial principle</p> Signup and view all the answers

    What does the territorial principle in international law emphasize regarding a state's jurisdiction?

    <p>Jurisdiction over acts committed on its territory</p> Signup and view all the answers

    'Active personality' refers to which principle of jurisdiction?

    <p>'Nationality' principle</p> Signup and view all the answers

    'Objective territorial' and 'subjective territorial' approaches are used in international law to address:

    <p>Cross-border criminal activities</p> Signup and view all the answers

    What principle of jurisdiction allows a state to extend its jurisdiction over any matter that has a harmful effect on it?

    <p>Protective principle</p> Signup and view all the answers

    Which principle of jurisdiction was established to combat drug smuggling and international terrorism?

    <p>Protective principle</p> Signup and view all the answers

    What type of offences are most serious under international law and thus considered crimes under universal jurisdiction?

    <p>Genocide, crimes against humanity, serious war crimes, and torture</p> Signup and view all the answers

    Which principle of jurisdiction is based on the lack of a direct link between the state and the offence?

    <p>Universal principle</p> Signup and view all the answers

    In what context did the District Court of Jerusalem justify prosecuting Eichmann under Israeli law?

    <p>Genocide</p> Signup and view all the answers

    Which principle may give rise to considerable international friction when more than one state is entitled to claim jurisdiction in a given case?

    <p>Concurrent jurisdiction principle</p> Signup and view all the answers

    'Either extradite or prosecute' is the philosophy behind which principle of resolving jurisdictional disputes?

    <p>'Aut dedere aut judicare' principle</p> Signup and view all the answers

    'Double criminality' requires that the offence involved must be a criminal offense in both states concerned to facilitate what process?

    <p>Extradition</p> Signup and view all the answers

    Which articles contain the obligation to refrain from extraditing an individual if there is a risk of inhumane treatment?

    <p>Article 3 of the ECHR, Article 7 of the UN Covenant on Civil and Political Rights, and Article 3 of the UN Convention against Torture</p> Signup and view all the answers

    In the Eichmann case, under what circumstances did the District Court of Jerusalem state that a state must abstain from prosecution?

    <p>If the defendant is tried for an offense different from that for which he or she was extradited</p> Signup and view all the answers

    What did the German Federal Constitutional Court conclude in the Stocke case regarding the refusal of jurisdiction by national courts?

    <p>Courts should generally refuse jurisdiction if a state protests about the abduction of an individual</p> Signup and view all the answers

    What concept did the German Federal Constitutional Court introduce in Iran in 1963 regarding state immunity?

    <p>Distinction between acts of a sovereign nature and non-sovereign character</p> Signup and view all the answers

    Which principle of state immunity has evolved from absolute immunity to restrictive immunity?

    <p>'Jure gestionis' principle</p> Signup and view all the answers

    Who is covered by sovereign immunity according to the text?

    <p>'State' includes various organs of government and those performing acts in the exercise of sovereign authority</p> Signup and view all the answers

    Which conventions regulate state immunity according to the text?

    <p>European Convention on State Immunity 1972 and UN Convention on Jurisdictional Immunities of States and Their Property</p> Signup and view all the answers

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