Economics 3366A/B Study Guide - Quiz Guide: The Strongest, State Immunity, Universal Jurisdiction
8 Oct 2020
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How to determine who exercise jurisdiction: territorial. Subjective (where the crime starts) and objective (where the crime is completed: active personality/nationality (the nationality principle) The nationality of the perpetrator of the crime. Usa (dc), us v yunis 1988: the protective principle (damage and interest of the state) Uk ac, joyce v dpp 1946: universal jurisdiction (nature and content of the crime) Based on universality, certain crimes all states have jurisdiction for. i. e. piracy (logic: all states can exercise jurisdiction). International crimes: some crimes so serious against the international community as a whole that there is universal jurisdiction over them. Rights and privileges of a state within the legal system of another state. State immunity: immunity of the state itself, bringing a claim against a pm, canada, representatives of the state. Diplomatic immunity: immunity granted to diplomats, embassy staff, premises. Personal immunity: it focuses on the identity of the actor, the person.
