Jurisdiction

Question 1

Art 2 (1) UN charter

Answer 1

You cannot interfere in others domestic jurisdiction

Question 2

Which type of jurisdiction are we mainly concerned with?

Answer 2

Criminal

Question 3

Sir Ivor Jennings

Answer 3

Smoking on the streets of Paris

Question 4

The lotus case

Answer 4

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)

Question 5

What are the 4 standard grounds for exercising criminal jurisdiction?

Answer 5

TerritorialNationalityProtectiveUniversal

Question 6

Territorial jurisdiction

Answer 6

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

Question 7

What is the effects principle? Subjective and objective…

Answer 7

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

Question 8

Whose territory is a ship/ aircraft?

Answer 8

It is quasi- international territory independent from them

Question 9

What is nationality (active)?

Answer 9

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

Question 10

Case for active nationality

Answer 10

Nottenbohm case

Question 11

Some examples of UK active nationality

Answer 11

TreasonSex with children

Question 12

Passive nationality

Answer 12

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

Question 13

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

Answer 13

Achille Lauro incident

Question 14

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

Answer 14

U.S. V yunis

Question 15

Where else recognises the passive nationality principle?

Answer 15

The UN convention on torture

Question 16

What is the protective jurisdiction principle?

Answer 16

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.

Question 17

Joyce v director of public prosecutions

Answer 17

Pro nazi fraudulently obtained British passport before leaving Germany

Question 18

Protective principle and doing things In other countries

Answer 18

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

Question 19

Case of the universality principle

Answer 19

Filartiga v Pena- Irala

Question 20

What is the universality principle?

Answer 20

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

Question 21

What would count as universality?

Answer 21

GenocideTortureSlavery

Question 22

Case of the universality principle

Answer 22

Congo v Belgium

Question 23

A treaty based on jurisdiction regimes

Answer 23

Torture convention 1984

Question 24

Tokyo convention

Answer 24

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

Question 25

The Montreal convention

Answer 25

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

Question 26

Drawbacks to universality jurisdiction

Answer 26

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

Question 27

What is the the biggest example of universality principle?

Answer 27

Genocide convention

Question 28

Beneficiaries of immunity

Answer 28

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

Question 29

Examples of immunity from evil people

Answer 29

Sadaam and Pinochet

Question 30

Why have immunity from jurisdiction?

Answer 30

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

Question 31

Early example of immunity from jurisdiction

Answer 31

Sir Thomas roe to the court of Mughal emperor

Question 32

Where can the basic rules for diplomatic immunity be found?

Answer 32

They can be found in the 1961 Vienna convention

Question 33

About the history of the Vienna convention?

Answer 33

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

Question 34

Main provisions of the Vienna convention

Answer 34

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)

Question 35

Examples of abuse of the art 22 principle of embassy immunity

Answer 35

Iraqi embassy in Palestine

Question 36

Examples of non compliance of art 27 diplomatic bag

Answer 36

Disco incident- Nigerian minister kidnapped on the streets of London

Question 37

State immunity was originally a doctrine of absolute immunity

Answer 37

Mighell case

Question 38

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

Answer 38

Trendtex

Question 39

Absolute immunity also extends to heads of state

Answer 39

R v bow street

Question 40

What is extra territorial jurisdiction?

Answer 40

You can sometimes claim jurisdiction outside of your states boundaries

Question 41

What is an example of extraterritorial jurisdiction?

Answer 41

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

Question 42

What is concurrent jurisdiction?

Answer 42

Many states being able to claim over one act

Question 43

What happened after the Russian revolution 1917

Answer 43

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)

Question 44

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

Answer 44

Ferrini

Question 45

What Case confirms immunity

Answer 45

Arrest warrant case

Question 46

Where can negative proof that immunities exist be found?

Answer 46

The torture convention

Question 47

Opinio juris is reflected in the acts of states

Answer 47

Nicaragua case

Question 48

Israel v eichman

Answer 48

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

Question 49

Arrest warrant case

Answer 49

Did the arrest of the Congo minister violate immunity? Yes

Question 50

Are you still immune once you have left the ministry?

Answer 50

Yes but not from things like murder