Public International Law Content
Area with a set of laws under the control of state.
• Over person, property, or acts or events.
• Exercise of authority which may alter or create or terminate legal relationship.
• Some states such as Britain favored territorial principle.
• Most European state – enhanced territorial and tend to cover jurisdiction in extra-territorial (sea)
• Growing nature of trade, e-commerce, cross border crime – noticeable trend toward extra territorial jurisdiction • Int’l law does not set any obligation to state about which jurisdiction it may arrogate.
PCIJ in Lotus Case (1927)
– There is no restriction on the exercise of jurisdiction by any state unless that restriction can be shown by the most conclusive evidence to exist as a principle of int’l law
• State does not tend to exercise jurisdiction in issues which does not concern it
• Territorial jurisdiction is normal working rule – as it affect the state concerned
Jurisdiction and Sovereignty
• Core of int’l law – sovereign equality of states
• Sovereign equality – Exclusive jurisdiction over territory and permanent population – Duty of non-intervention – Consent of obligation (treaty or CIL)
• Jurisdiction = part of sovereignty
• Jurisdiction – three organs (executive, legislative and judiciary) [enforcement, prescriptive, adjudicative]