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> Jurisdiction and immunities

Chapter 6: Jurisdiction and immunities

Chapter 6: Jurisdiction and immunities

pp. 142-179

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Extract

The previous chapter described the extent of a state’s physical territory; this chapter looks at how far a state’s legal power extends. As will be seen, international law places certain limits on the right of a state to make, apply and enforce its laws – its jurisdiction – and these limits are considered in Section 6.2. International law also recognises two principal bars to the exercise of that jurisdiction: diplomatic immunity and state immunity; these are covered in Sections 6.3 and 6.4. Two other bars to jurisdiction, namely special mission immunity and the foreign act of state doctrine, are also briefly covered in Sections 6.6 and 6.7.

Keywords

  • international law
  • public international law
  • jurisdiction
  • immunities
  • civil jurisdiction
  • criminal jurisdiction
  • alien tort statute
  • diplomatic immunity
  • foreign state immunity
  • Lotus case
  • special mission immunity
  • foreign act of state doctrine
  • universality principles

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