Jurisdiction

Question 1

Define jurisdiction

Answer 1

• the extent/ limits of a state’s competence

Question 2

What are the types of jurisdiction

Answer 2

Prescriptive jurisdiction:
Enforcement jurisdiction:
Adjudicative jurisdiction

Question 3

Explain what prescriptive jurisdiction is

Answer 3

-ability
-to create laws

Question 4

Explain what enforcement jurisdiction is

Answer 4

-Ability
-to enforce rules

Question 5

Explain what adjudicative jurisdiction is

Answer 5

-judicial bodies 2 have the competence 2 hear + decide

Question 6

What encompasses the term territory?

Answer 6

-Land
-Internal waters
-Territorial waters
-up 2 twelve nautical miles from the shore
-AIRSPACE

Question 7

Explain what territorial waters are

Answer 7

-Up to twelve nautical miles from the shore

Question 8

Important case law from this topic

Answer 8

SS Lotus
-Nottebohm case

Question 9

Explain the main conclusion of the lotus case

Answer 9

(C.44)–> everything that is not prohibited is allowed
-> restrictions cannot be assumed

Question 10

What is the general territorial principle?

Answer 10

Any state can prosecute the offences which take place in their territory

Question 11

Explain the subjective territorial principle

Answer 11

-jurisdiction based on where the action began/was initiated/ prepared?

Question 12

Explain the objective territorial principle

Answer 12

-competence based on the crime bein completed in that territory

Question 13

Explain the effects doctrine

Answer 13

-Focus on the effect that might be taking place:
-different variations
-Ask Panos

Question 14

Explain the active Nationality Principle

Answer 14

• Competence based on PERP.
  having state’s nationality

Question 15

What is the passive nationality principle?

Answer 15

-Competence based on VIC’s
nationality

Question 16

How does one determine nationality?

Answer 16

• “Genuine link”
  -Nottenboihm case
• If one wants to rep. on intl plane
  -det. who can exercise diplomatic prot.

Question 17

Explain the flag principle

Answer 17

-Competence based on which flag the ship/airplane is flying

Question 18

What is an example of the flag principle being codified?

Answer 18

-Art. 5(1)(a) CAT

Question 19

Explain the protective principle

Answer 19

• Extraterritorial
  -Foreign national acting against the security of a state
  -when not in the state

Question 20

Explain the universality principle

Answer 20

Applies to gross, violations of intl. law
-crime concerns entire intl committee
-neither suspect nor victim have the nat/ of a the state claiming jurisdiction

Question 21

Define piracy

Answer 21

-practice of attacking and robbing ships at sea, attack on a ship