LAWS 2601 Lecture Notes - Universal Jurisdiction, Derogation, National Treatment
7 Jul 2014
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Document Summary
Jurisdiction is based on relative merits of competing claims. Enforcement jurisdiction and prescriptive jurisdiction (ability to make laws about something). Enforcement jurisdiction force to carry out laws. But this symmetry doesn"t exist in international law: a state can make laws, but doesn"t have ability to enforce those laws. General duty not to injure other states, and especially not to allow state territory to be used to cause such injury to other states. Derogation from sovereignty to treat foreign nationals in another way. It is an allowable derogation because it effects interests and thereby foreign state of a national. 2 competing standards in treatment of aliens: national treatment standard. State exercising its own sovereignty over its territory be no less generous with a foreign national on that territory than they are with their own nationals: international minimum standard. Uniform minimum expectations for visiting foreign nationals. Developing states are greater proponents of this minimum standard.
