Jurisdiction Flashcards
List the type of jurisdiction
-Prescribe
-Adjudicate
-Enforce
Describe the jurisdiction to prescribe
-make laws, create rights + obligations + prohibitions +punishments
Describe the jurisdiction to adjudicate
-deal with them cases
Describe the facts of the Lotus Case
- collision because Lotus(frenchie) and BK (turkish)
-Turkish takes jurisdicition and sentences frenchie to 80 days of imprisonment
What were the main questions of law in the Lotus case?
- Can Turkey exercise jurisdiction over the french national?
Explain soverignty
-can do whatsoever unless theres an international obligation–> there was not in this case
What are immunities
-exceptions
-from jurisdiction
What are the sources of the law of immunities?
-Customary International Law (States, big shot officials) ** ask ab out this
-Treaties(diplomatic immunities)
What are the subparts of the territoriality principles
-objective
-subjective
What are the subparts of the nationality principle
-Active
-Passive
Explain subjective territoriality
Explain objective territoriality
Explain active nationality principle
State citizens (regardless of where there are) are subjected to their home state’s jurisdiction
Explain the passive nationality principle
Explain the protective principle
A State may extend its jurisdiction over matters with harmful effects regardless of where the act occurs or who commits it.
It requires a genuine threat to a vital State interest.
Explain the principle of universal jurisdiction
Some offenses are so serious that any State may claim jurisdiction over them, irrespective of where they have been committed, by whom, and who have been the victims
Explain to what extent states enjoy immunity
only for sovereign acts -jure imperri
What are the types of states actions under jurisdiction theory?
-jure imperii (sovereign acts)
-jure gestionis (non-soverien acts)
Explain what jure imperii is
sovereign acts
Explain what jure gestionis is
-non-sovereign acts
how does one determine waht a jure gestionis is
-private individual test
how does one determine what a jure imperii is?
-can’t be performed by an individual
Where can one find the definition of a commercial act?
Art. 2 (1)(c) UN Convention on Jurisdictional Immunities
Where can one find where it is outlined where the States cannot invoke immunity
-Art 10-17 UN Conventional on Jurisdictional Immunities
What were the facts of the case of the ICJ Jurisdictional Immunities of the State (Germany v. Italy)
-germany want immunity for atrocities commited in WW2
Explain the judgement of the ICJ Jurisdictional Immunities of the State case
- Germany no S. Immunity for attrocities in WW2
-Actions of armed forces jure imperii
-covered by immunity
Which judgement contains rules on immunities of high ranking officials?
-As an extension of State immunities, some high-ranking officials of
a State enjoy personal immunity from jurisdiction of other States
* ICJ, Arrest Warrant Case, para. 51: “[…] certain holders of highranking office in a State, such as the Head of State, Head of
Government and Minister for Foreign Affairs, enjoy immunities
from jurisdiction in other States, both civil and criminal.”
Para. 53: “the immunities […] are not granted for [officials’] personal
benefit, but to ensure the effective performance of their functions
on behalf of their respective States
-NOT FOR PERSONAL ACTIVITIES JUST STATE RELATED