DANCEST 805 Lecture Notes - Lecture 19: International Humanitarian Law, United Nations Trusteeship Council, World Trade Organization
Document Summary
Jurisdiction: a state"s competence to make and enforce rules in respect of persons, property or events. Exercised in 3 ways: legislation (by the legislature), adjudication (by the courts), enforcement (by the police of armed force). The current system of international law is traced back to the peace of westphalia (1648) Sources: (article 38 of the international court of justice) States exercise exclusive jurisdiction on their own territories, but as a result of globalization, they increasingly perceive the need to protect their own interests and the interests of the international community in respect of conduct beyond their borders. Extraterritorial enforcement action = prohibited by international law unless specifically consented to by the territorial state. Legislation and adjudication in respect of extraterritorial persons or events are increasingly being permitted or even required by international law. International law depends on states and domestic institutions for its enforcement the. International court of justice relies on the willingness of states to comply with its judgments.
