Module 7 – Jurisdiction and Immunities

Question 1

Define ‘jurisdiction’ under international law.

Answer 1

‘Jurisdiction’ means the power a State may exercise over places or people.

Question 2

Describe the meaning of ‘immunities’ available to States.

Answer 2

‘Immunities’ are those instances where a State can avoid liability within the legal system of another State.

Question 3

Describe ‘territorial jurisdiction’.

Answer 3

‘Territorial jurisdiction’ is a State’s right to exercise jurisdiction within its own territory (eg. SS Lotus case, 1927)

Question 4

Describe nationality jurisdiction.

Answer 4

States have jurisdiction over its nationals wherever they are (eg. Ronald Biggs)

Question 5

Describe ‘passive personality’.

Answer 5

Passive personality allows a State to exert jurisdiction over a non-national who injures nationals of that State (US v Yunis, 1991)

Question 6

Describe ‘protective security’.

Answer 6

Protective security allows States to exert jurisdiction outside of its ordinary jurisdiction to protect its borders or independence.

Question 7

Describe ‘universal jurisdiction’.

Answer 7

Universal jurisdiction encompasses ‘egregious’ offences, such as piracy, war crimes of genocide (eg. Pinochet’s case, 2000).

Question 8

Describe the ‘effects doctrine’.

Answer 8

Effects doctrine allows State to extend ‘territorial jurisdiction’ where an act had an effect on the State (unrelated to security, often economic).

Question 9

Describe instances of concurrent jurisdiction.

Answer 9

Concurrent jurisdiction arises where multiple States claim jurisdiction (eg. terrorist acts like hijacking planes or ships).

Question 10

Describe the principles of State immunity.

Answer 10

States have rights to immunity from the national jurisdiction of other States without consent. Typically diplomatic or consular immunity and State immunity. Non longer absolute as commercial activities are not immune.

Question 11

Who can claim diplomatic or consular immunity?

Answer 11

Claimable by state officials carrying out functions (established in 1961 Vienna Convention on Diplomatic Relations)

Question 12

Describe the Head of State immunity.

Answer 12

Heads of State are immune as extensions of the State, however former heads of State may lose immunity due to unlawful conduct (eg Pinochet and Gaddafi).

Question 13

Describe what immunity is available to international entities.

Answer 13

Some international organisations and agencies may claim immunity, though this is usually protected through domestic legislation.