STATE JURISDICTION


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]