Define and explain Jurisdiction Ratione Personae and jurisdiction Ratione Consensus.
Understand the Problem
The question asks to define and explain "Jurisdiction Ratione Personae" and "Jurisdiction Ratione Consensus". These are legal terms relating to the basis on which a court can exercise jurisdiction over a person or entity, and when jurisdiction is established through the consent of the parties involved, respectively.
Answer
Jurisdiction *ratione personae* concerns *who* can be a party, while jurisdiction *ratione consensus* is based on the parties' consent to a specific jurisdiction.
- Jurisdiction ratione personae refers to the court's jurisdiction over the parties involved in a case, concerning who may be a party in the relevant proceedings.
- Jurisdiction ratione consensus refers to jurisdiction based on the consent of the parties to a dispute, often seen in arbitration where parties agree to submit to a specific jurisdiction.
Answer for screen readers
- Jurisdiction ratione personae refers to the court's jurisdiction over the parties involved in a case, concerning who may be a party in the relevant proceedings.
- Jurisdiction ratione consensus refers to jurisdiction based on the consent of the parties to a dispute, often seen in arbitration where parties agree to submit to a specific jurisdiction.
More Information
These terms are often used in international law and arbitration to define the scope and limits of a tribunal's authority.
Tips
It is important not to confuse ratione personae (jurisdiction over persons) with ratione materiae (jurisdiction over subject matter) or ratione temporis (jurisdiction over time).
Sources
- Jurisdiction Ratione Personae - Jus Mundi - jusmundi.com
- jurisdiction ratione personae Definition | Legal Glossary - LexisNexis - lexisnexis.co.uk
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