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Public International Law > Jurisdiction > Flashcards

Jurisdiction Flashcards

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1
Q

Art 2 (1) UN charter

A

You cannot interfere in others domestic jurisdiction

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2
Q

Which type of jurisdiction are we mainly concerned with?

A

Criminal

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3
Q

Sir Ivor Jennings

A

Smoking on the streets of Paris

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4
Q

The lotus case

A

Enforcement of a states jurisdiction cannot be exercised by a state outside its territory except by virtue of permissive rule derived from international rule or custom (this has since been seen as wrong)

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5
Q

What are the 4 standard grounds for exercising criminal jurisdiction?

A

TerritorialNationalityProtectiveUniversal

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6
Q

Territorial jurisdiction

A

A state has unlimited power (subject to erga omnes rules and treaty obligations) to enforce any laws it passes on territory

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7
Q

What is the effects principle? Subjective and objective…

A

Territorial jurisdiction Looking at where feels your effect Plotting the distribution of Sweden in RussiaObjective approach- the effected territory has jurisdictionSubjective approach- says the place it starts has jurisdiction

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8
Q

Whose territory is a ship/ aircraft?

A

It is quasi- international territory independent from them

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9
Q

What is nationality (active)?

A

The idea that you owe your state dutiesThe U.S. Have to pay tax no matter where they are You can claim authority over your nationals anywhere

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10
Q

Case for active nationality

A

Nottenbohm case

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11
Q

Some examples of UK active nationality

A

TreasonSex with children

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12
Q

Passive nationality

A

You being attacked, traditionally this was not supported but has found more support these days

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13
Q

What case led to the U.S. Adopting legislation on passive nationality?

A

Achille Lauro incident

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14
Q

Where do the courts state that passive nationality was accepted under international law?

A

U.S. V yunis

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15
Q

Where else recognises the passive nationality principle?

A

The UN convention on torture

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16
Q

What is the protective jurisdiction principle?

A

Protective principle is a rule of international law that allows a sovereign state to assert jurisdiction over a person whose conduct outside its boundaries threatens the states security or interferes with the operation of its government functions.

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17
Q

Joyce v director of public prosecutions

A

Pro nazi fraudulently obtained British passport before leaving Germany

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18
Q

Protective principle and doing things In other countries

A

A Russian national who was printing us counterfeit dollars could be subject to U.S. Jurisdiction

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19
Q

Case of the universality principle

A

Filartiga v Pena- Irala

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20
Q

What is the universality principle?

A

Some crimes are so abhorrent that all of the international community has an interest in prosecution

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21
Q

What would count as universality?

A

GenocideTortureSlavery

22
Q

Case of the universality principle

A

Congo v Belgium

23
Q

A treaty based on jurisdiction regimes

A

Torture convention 1984

24
Q

Tokyo convention

A

Hijacking treaty: you have jurisdiction where:The plane is registered (art 3) Any state it has effect (art 4)Any state whose nationals are harmed Any state whose security is affected

25
Q

The Montreal convention

A

Hijacking convention Offence committed on territoryaircraft is registered in state where it lands Place of business of lease

26
Q

Drawbacks to universality jurisdiction

A

Often against people who are no longer in powerPractical difficulty of going abroad to find peopleFew treaties will actually make universality compulsory

27
Q

What is the the biggest example of universality principle?

A

Genocide convention

28
Q

Beneficiaries of immunity

A

Diplomats and representatives of other states States themselves Heads of state and ministers of state- but with ever increasing encroachment, especially when they are not in office

29
Q

Examples of immunity from evil people

A

Sadaam and Pinochet

30
Q

Why have immunity from jurisdiction?

A

Representing and protecting state interestsIf all states are equal then one state shouldn’t be subject to the authority of anotherSome of the first PIL rules

31
Q

Early example of immunity from jurisdiction

A

Sir Thomas roe to the court of Mughal emperor

32
Q

Where can the basic rules for diplomatic immunity be found?

A

They can be found in the 1961 Vienna convention

33
Q

About the history of the Vienna convention?

A

189 ratifications Negotiated very widely over a very long period of time and so dry few reservations

34
Q

Main provisions of the Vienna convention

A

Functions of diplomatic mission (art 3)The diplomatic bag (art 27). Embassy premises (art 22) Personal inviolability (art 29)Residential inviolability (art 30)Personal immunity (art 31)

35
Q

Examples of abuse of the art 22 principle of embassy immunity

A

Iraqi embassy in Palestine

36
Q

Examples of non compliance of art 27 diplomatic bag

A

Disco incident- Nigerian minister kidnapped on the streets of London

37
Q

State immunity was originally a doctrine of absolute immunity

A

Mighell case

38
Q

There has been a growth of relative immunity in regard to states

A

Trendtex

39
Q

Absolute immunity also extends to heads of state

A

R v bow street

40
Q

What is extra territorial jurisdiction?

A

You can sometimes claim jurisdiction outside of your states boundaries

41
Q

What is an example of extraterritorial jurisdiction?

A

Woodpulp - the CJEU found 4 multi- nationals guilty of violating EU competition laws despite that they were located outside the EU at the time

42
Q

What is concurrent jurisdiction?

A

Many states being able to claim over one act

43
Q

What happened after the Russian revolution 1917

A

States were still immune for governmental acts, but not commercial To determine this, some states looked at the object of the transaction some the nature (the latter is preferred)

44
Q

Where was it held that state immunity could not apply when jus cogens was violated

A

Ferrini

45
Q

What Case confirms immunity

A

Arrest warrant case

46
Q

Where can negative proof that immunities exist be found?

A

The torture convention

47
Q

Opinio juris is reflected in the acts of states

A

Nicaragua case

48
Q

Israel v eichman

A

About nazi war crimes Does the court have jurisdiction considering E was a foreign national and crimes were committed in a foreign territory?It was found they did under universality

49
Q

Arrest warrant case

A

Did the arrest of the Congo minister violate immunity? Yes

50
Q

Are you still immune once you have left the ministry?

A

Yes but not from things like murder

Public International Law (13 decks)

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