International Jurisdiction

Question 1

General definition of jurisdiction

Answer 1

“Jurisdiction refers to the power of a state to affect persons, property and circumstances within its territory”

Question 2

Legal definition of jurisdiction

Answer 2

“Jurisdiction, in law, is the authority of a court to hear and determine cases.”

Question 3

three characteristics of the jurisdiction

Answer 3

1. Consider previous jurisdiction
2. it is global and will affect all legal orders
3. Is established by the state accordingly and in respect of other applicable principles

Question 4

General principles to be applied

Answer 4

1. Party autonomy

2. reasonable connection to claim

Question 5

Exception to general principles

Answer 5

explicit jurisdiction in a specific matter

Question 6

What are the limitations of the state’s international jurisdiction?

Answer 6

1. The different spheres of state jurisdiction: Iure gestionis vs iure imperii
2. Immunities established under international public law

Question 7

iure gestionis

Answer 7

commercial transactions by bodies that are owned by the state but are not regarded as state organs. The state accepts responsibility for such transactions and does not claim immunity from international law.

It is the day to day business

Question 8

iure imperii

Answer 8

transactions by state bodies or representatives, such as diplomats. The state maintains immunity from such transactions under international law.

ex: sanctions

Question 9

what are the different classifications of forum of jurisdiction?

Answer 9

objective vs personal: habitual residence or personal. For instance, the nationality of the spouses

usual vs exorbitant: if exorbitant, the forum is unfair to the defendant as there is a lack of a significant connection. the usual forum is the defendants domicile

Question 10

Which of Brussels I(1215/2012) and Brussels II (2201/2003) are considered general and which is considered specific?

Answer 10

Brussel I=general

Brussels II= specific

Question 11

The different types of forums under Brussels I

Answer 11

1. Exclusive
2. Special
3. Determined by parties
4. General: defendant domicile

Question 12

Exclusive forum

Answer 12

Only place where you bring about a claim fro a specific cause.

• IP rights
• Rights in rem
• Public registers

Question 13

Special forum

Answer 13

regulated in articles 7 and 8 of 1215/2012

• Weak party disputes
• third party
• counterclaim

Question 14

Forum determined by the parties

Answer 14

based on the principle of party autonomy