Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and selected other international instruments
- List of abbreviations
- 1 The nature and development of international law
- 2 International law today
- 3 Sources
- 4 International law and municipal law
- 5 The subjects of international law
- 6 The international protection of human rights
- 7 The regional protection of human rights
- 8 Individual criminal responsibility in international law
- 9 Recognition
- 10 Territory
- 11 The law of the sea
- 12 Jurisdiction
- 13 Immunities from jurisdiction
- 14 State responsibility
- 15 International environmental law
- 16 The law of treaties
- 17 State succession
- 18 The settlement of disputes by peaceful means
- 19 The International Court of Justice
- 20 International law and the use of force by states
- 21 International humanitarian law
- 22 The United Nations
- 23 International institutions
- Some useful international law websites
- Index
12 - Jurisdiction
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties and selected other international instruments
- List of abbreviations
- 1 The nature and development of international law
- 2 International law today
- 3 Sources
- 4 International law and municipal law
- 5 The subjects of international law
- 6 The international protection of human rights
- 7 The regional protection of human rights
- 8 Individual criminal responsibility in international law
- 9 Recognition
- 10 Territory
- 11 The law of the sea
- 12 Jurisdiction
- 13 Immunities from jurisdiction
- 14 State responsibility
- 15 International environmental law
- 16 The law of treaties
- 17 State succession
- 18 The settlement of disputes by peaceful means
- 19 The International Court of Justice
- 20 International law and the use of force by states
- 21 International humanitarian law
- 22 The United Nations
- 23 International institutions
- Some useful international law websites
- Index
Summary
Jurisdiction concerns the power of the state under international law to regulate or otherwise impact upon people, property and circumstances and reflects the basic principles of state sovereignty, equality of states and non-interference in domestic affairs. Jurisdiction is a vital and indeed central feature of state sovereignty, for it is an exercise of authority which may alter or create or terminate legal relationships and obligations. It may be achieved by means of legislative, executive or judicial action. In each case, the recognised authorities of the state as determined by the legal system of that state perform certain functions permitted them which affect the life around them in various ways. In the UK, Parliament passes binding statutes, the courts make binding decisions and the administrative machinery of government has the power and jurisdiction (or legal authority) to enforce the rules of law. It is particularly necessary to distinguish between the capacity to make law, whether by legislative or executive or judicial action (prescriptive jurisdiction or the jurisdiction to prescribe) and the capacity to ensure compliance with such law whether by executive action or through the courts (enforcement jurisdiction or the jurisdiction to enforce). Jurisdiction, although primarily territorial, may be based on other grounds, for example nationality, while enforcement is restricted by territorial factors.
To give an instance, if a man kills somebody in Britain and then manages to reach the Netherlands, the British courts have jurisdiction to try him, but they cannot enforce it by sending officers to the Netherlands to apprehend him.
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- Chapter
- Information
- International Law , pp. 645 - 696Publisher: Cambridge University PressPrint publication year: 2008
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