POL340Y1 Lecture Notes - Lecture 8: Cogeneration, Foreign Corporation, Jus Sanguinis
27 Nov 2017
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Outline: sources of law wrap-up, state jurisdiction, enforcement jurisdiction, prescriptive jurisdiction, territoriality, nationality, passive personality, protective, universal. Note: principle/scholarly writings are unlikely to be relied on their own to make a decision in a case- help with interpretation. Canada: consent is irrelevant, territory, persons, canada has to treat the offence as a crime. Is canada legitimately able to prescribe criminalised members in the territory of france: these are about jurisdiction, enforcement (control) vs. prescriptive (regulation, legitimate or lawful not form domestic law perspective, but international. Enforcement jurisdiction: power to enforce rules against persons. Israel vs. alvarez-machain: male captus, bene dentus, ex parte bennett. Ss lotus: unless there is a positive rule in il prohibiting a state from doing something, the default rule is freedom. Freedom for states to do whatever they want. But there are positive (active rule) on it addressing the limits.
