LAW 1508 Lecture Notes - Lecture 7: International Criminal Court, United Nations Convention On The Law Of The Sea, Counterfeit Money
23 May 2018
School
Department
Course
Professor
Jurisdiction
ARGUE FOR MULTIPLE HEADS States have sovereign right to exercise authority
over persons, things and events within own territory through domestic law.
States can also claim to regulate conduct outside their boarders within limit
Prescriptive
Based on links- Power to enact rules of conduct
Conduct inside territory
1. Territorial Jurisdiction
Subjective territoriality – conduct begun in the territory, effects felt in other
state (trans boarder crime) (can have multiple territorial jurisdiction claims.
Objective territoriality – conduct having an effect in the territory (Lotus case)
• The jurisdiction of the nation, within its own territory, is necessarily
exclusive and absolute; it is susceptible of no limitation not imposed by
itself: The Schooner Exchange v McFaddon, 11 US (7 Cranch) 116, 136
(1812) (Marshall CJ).
• all soereig idepedet states … possess jurisditio oer all persos
and things within [their] territorial limits: Compania Naviera Vascongado
v Steamship ͚Cristina͛ [1938] AC 485, 496-7 (Lord Macmillan).
Territory includes territorial sea (but not EEZ)
Includes airspace
• Airspace (vertical- highest point for aircraft and lowest point of satellite)
(horizontal- 12 miles to the edge of the territorial sea)
Territory over- Ships, aircraft, and spacecraft
Exclusive criminal jurisdiction of ships (on the high seas) and aircraft (in
international airspace) of its state of registration (flag state jurisdiction)
Schooner Exchange v Mcfadden
Extra territorial
2. Nationality
Active nationality principle
• States are free to exercise their criminal jurisdiction over persons who
possesses their nationality
• a state may arrest and prosecute one of its nationals for offences against
its laws, even if all elements of the offence, including its effects, occurred
outside its territory.
Criminal Jurisdiction
states are entitled to exercise their
jurisdictional sovereignty in
criminal matters. No rules of
priority
Means- multiple, concurrent
jurisdictions are common
Four bases
Civil Jurisdiction
Commercial/ private international law
ONLY generally follows Same
principles as criminal jurisdiction
Private international law has rules of
priorit: hih states ourts hae the
closest links to a commercial case?
Prescriptive
Power to legislate, prescribe
rules of conduct governing
persons, objects, events
FOUR ways
Enforcement
Power to take coercive
measures, exercise executive
authority to enforce rules when
you actually have the person
Based on links
1. territorial principle;
2. nationality principle;
3. protective principle;
4. Not based on links- universality
principle.
Territorial enforcement
Extra- territorial enforcement
AND
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Based on links- power to enact rules of conduct. Argue for multiple heads states have sovereign right to exercise authority over persons, things and events within own territory through domestic law. States can also claim to regulate conduct outside their boarders within limit. Only generally follows same principles as criminal jurisdiction. Private international law has rules of priorit(cid:455): (cid:449)hi(cid:272)h state(cid:859)s (cid:272)ourts ha(cid:448)e the closest links to a commercial case? states are entitled to exercise their jurisdictional sovereignty in criminal matters. Subjective territoriality conduct begun in the territory, effects felt in other state (trans boarder crime) (can have multiple territorial jurisdiction claims. Territory includes territorial sea (but not eez) Includes airspace: airspace (vertical- highest point for aircraft and lowest point of satellite) (horizontal- 12 miles to the edge of the territorial sea) Exclusive criminal jurisdiction of ships (on the high seas) and aircraft (in international airspace) of its state of registration (flag state jurisdiction)
