International Law | Jurisdiction of States explained | Lex Animata by Hesham Elrafei
108.6 هزار بار بازدید -
8 سال پیش
-
States jurisdiction in international law
States jurisdiction in international law : concept, types and examples.
By Hesham Elrafei
LinkedIn: heshamelrafei
State jurisdiction, reflects the international law general principles ,
of state sovereignty, equality of states , and non-interference in other states domestic affairs, and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries ,
however, there must be a link , between the individual , the offence
and the state court exercising jurisdiction over that person.
while it's primarily territorial, jurisdiction of states may be based on
other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors.
State jurisdiction, reflects the international law general principles ,
of state sovereignty,
equality of states ,
and non-interference in other states domestic affairs.
and it means that a government and its courts ,
have general power to exercise authority,
over all persons and things,
within its territorial boundaries ,
in relation to civil and criminal matters.
however, there must be a link ,
between the individual ,
the offence ,
and the state court exercising jurisdiction over that person.
while it's primarily territorial, jurisdiction of states may be based on
other grounds,
like national security ,
and citizenship of the victim or the offender,
however , the enforcement of such jurisdiction, is restricted by territorial factors
the first base of jurisdiction, is the territorial principle , and it means that the local court power, is geographically restricted, within the borders of that state.
However, As one offence may take place in more than one single country, the territorial jurisdiction is divided into 2 categories, subjective and objective.
the subjective principle, is exercised by the state in which the offence is started , while the objective principle, is exercised by the state in which the offence is completed.
For example, a fraud can be committed by someone in ireland,
against another in england. or a shooting incident , can take place on the borders of two countries,
on the other hand, the state power is not absolute within its territory , as certain persons, like diplomats. are immune, from the local courts jurisdiction, the nationality of the parties, is the second ground for state jurisdiction, as a state can exercise its jurisdiction, beyond its territory ( boundaries ) , regardless where the person is located, subject that the offender or the victim ( the passive personality ) is a national of the claimant country.
The 3rd ground is the protective or security principle, and it allows a State , to exercise jurisdiction over foreigners, outside its territory , regardless of their citizenship , when there is a threat to its national security.
And lastly, the universality principle , is the fourth ground for state jurisdiction, and it allows any state , to punish certain international offences abroad , like piracy, slavery , torture , crimes against humanity and genocide, whether committed by or against foreign nationals.
By Hesham Elrafei
LinkedIn: heshamelrafei
State jurisdiction, reflects the international law general principles ,
of state sovereignty, equality of states , and non-interference in other states domestic affairs, and it means that a government and its courts , have general power to exercise authority, over all persons and things, within its territorial boundaries ,
however, there must be a link , between the individual , the offence
and the state court exercising jurisdiction over that person.
while it's primarily territorial, jurisdiction of states may be based on
other grounds, like national security , and citizenship of the victim or the offender, however , the enforcement of such jurisdiction, is restricted by territorial factors.
State jurisdiction, reflects the international law general principles ,
of state sovereignty,
equality of states ,
and non-interference in other states domestic affairs.
and it means that a government and its courts ,
have general power to exercise authority,
over all persons and things,
within its territorial boundaries ,
in relation to civil and criminal matters.
however, there must be a link ,
between the individual ,
the offence ,
and the state court exercising jurisdiction over that person.
while it's primarily territorial, jurisdiction of states may be based on
other grounds,
like national security ,
and citizenship of the victim or the offender,
however , the enforcement of such jurisdiction, is restricted by territorial factors
the first base of jurisdiction, is the territorial principle , and it means that the local court power, is geographically restricted, within the borders of that state.
However, As one offence may take place in more than one single country, the territorial jurisdiction is divided into 2 categories, subjective and objective.
the subjective principle, is exercised by the state in which the offence is started , while the objective principle, is exercised by the state in which the offence is completed.
For example, a fraud can be committed by someone in ireland,
against another in england. or a shooting incident , can take place on the borders of two countries,
on the other hand, the state power is not absolute within its territory , as certain persons, like diplomats. are immune, from the local courts jurisdiction, the nationality of the parties, is the second ground for state jurisdiction, as a state can exercise its jurisdiction, beyond its territory ( boundaries ) , regardless where the person is located, subject that the offender or the victim ( the passive personality ) is a national of the claimant country.
The 3rd ground is the protective or security principle, and it allows a State , to exercise jurisdiction over foreigners, outside its territory , regardless of their citizenship , when there is a threat to its national security.
And lastly, the universality principle , is the fourth ground for state jurisdiction, and it allows any state , to punish certain international offences abroad , like piracy, slavery , torture , crimes against humanity and genocide, whether committed by or against foreign nationals.
8 سال پیش
در تاریخ 1394/12/24 منتشر شده
است.
108,625
بـار بازدید شده