29 Questions
What is one defining aspect of sovereignty according to the text?
Exclusive right of each state to govern its internal affairs
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
How does state legal jurisdiction usually align with state boundaries according to the text?
It usually extends beyond state boundaries
What does international law seek to balance regarding state jurisdiction?
The interests of states not to be subjected to violation
How does the concept of jurisdiction impact the relationship between states?
It acknowledges the sovereignty and boundaries of each state
Why do recognized principles of jurisdiction exist in international law?
To balance a state's right to exert influence with respecting other states' interests
Under the subjective territorial approach, how does a state assert jurisdiction over offences?
By having the offence commenced within its territory
Which principle allows a state to extend its laws to its own nationals regardless of their location?
Nationality principle
Why did the Harvard Research in International Law exclude the passive personality principle from its 1935 Draft Convention on Jurisdiction with Respect to Crime?
It was considered controversial and unproductive
What makes it difficult for potential offenders to anticipate which state's laws they may be subjected to under the passive personality principle?
The victim's nationality being the determining factor
Which principle asserts that a state can legislate on any matter it desires within its own territory?
Territorial principle
What does the territorial principle in international law emphasize regarding a state's jurisdiction?
Jurisdiction over acts committed on its territory
'Active personality' refers to which principle of jurisdiction?
'Nationality' principle
'Objective territorial' and 'subjective territorial' approaches are used in international law to address:
Cross-border criminal activities
What principle of jurisdiction allows a state to extend its jurisdiction over any matter that has a harmful effect on it?
Protective principle
Which principle of jurisdiction was established to combat drug smuggling and international terrorism?
Protective principle
What type of offences are most serious under international law and thus considered crimes under universal jurisdiction?
Genocide, crimes against humanity, serious war crimes, and torture
Which principle of jurisdiction is based on the lack of a direct link between the state and the offence?
Universal principle
In what context did the District Court of Jerusalem justify prosecuting Eichmann under Israeli law?
Genocide
Which principle may give rise to considerable international friction when more than one state is entitled to claim jurisdiction in a given case?
Concurrent jurisdiction principle
'Either extradite or prosecute' is the philosophy behind which principle of resolving jurisdictional disputes?
'Aut dedere aut judicare' principle
'Double criminality' requires that the offence involved must be a criminal offense in both states concerned to facilitate what process?
Extradition
Which articles contain the obligation to refrain from extraditing an individual if there is a risk of inhumane treatment?
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
In the Eichmann case, under what circumstances did the District Court of Jerusalem state that a state must abstain from prosecution?
If the defendant is tried for an offense different from that for which he or she was extradited
What did the German Federal Constitutional Court conclude in the Stocke case regarding the refusal of jurisdiction by national courts?
Courts should generally refuse jurisdiction if a state protests about the abduction of an individual
What concept did the German Federal Constitutional Court introduce in Iran in 1963 regarding state immunity?
Distinction between acts of a sovereign nature and non-sovereign character
Which principle of state immunity has evolved from absolute immunity to restrictive immunity?
'Jure gestionis' principle
Who is covered by sovereign immunity according to the text?
'State' includes various organs of government and those performing acts in the exercise of sovereign authority
Which conventions regulate state immunity according to the text?
European Convention on State Immunity 1972 and UN Convention on Jurisdictional Immunities of States and Their Property
Explore the concepts of passive personality and protective principles as applied in US court jurisdiction, with a specific reference to the 1970 Convention for the Suppression of Unlawful Seizure of Aircraft. Understand how these principles influence jurisdiction based on the state's interest and harmful effects.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
