W3 Jurisdiction of Immunities

Question 2

What is Jurisdiction?

Answer 2

Legal Conept: Jurisdiction = Authority of an institution

Int. Law = Power of a state to exert its sovereign power and influence

Question 3

Types/ Forms of Jurisdictions

Answer 3

1. Prescribe = Powers to prescribe certain conduct (make law)
2. Adjudicate = Deal with cases referred to them
3. Enforce = Ensure compliance

Question 4

SS Lotus Case Fundamental Idea

Answer 4

State may not exercise its power in any form in the territory of another state!

Question 5

Presumption of Liberty

Answer 5

1. States free to act as they see fit unless
   * There is a legal restriction
   * It violates sovereign rights of another state

Question 6

Territory

Answer 6

Land + Territorial Sea + Airspace above+ vessel and aircrafts registered in that state

Question 7

Territorial Jurisdiction

Answer 7

• Jurisidiction over all and any act committed in its territory done by anyone on its territory
• Can prescribe any laws IF it does NOZT violate IL
• *Objective + Subjective *

Question 8

Objective v Subjective Territoriality

Answer 8

O: Effects of an act = jurisdiction if it is completed on its territory

S: Origin of an act = jursidiction if act completed abroad BUT initiated in its territory

Question 9

Nationality based Jurisdiction

Answer 9

1. Active Nationality Principle
   * Jurisdiction over nationals regardless of where they are located
   * Dual nationality –> Both have jurisdiction
2. Passive Nationality Principle
   * When national is victim of an act
   * Multiple states can claim
   * eg. Malaysia MH17

Question 10

Protective Principle

Answer 10

• States MAY extend jurisdiction over matters with harmful effects REGARDLESS where act occurs and who commits it , IF there is a genuine threat to a vital state interest

Human Trafficking, Drugs, Counterfit money

Question 11

Universal Jurisdiction

Answer 11

In very serious offenses, States can CLAIM jurisdiction over them. REGARDLESS where, by who & impacting whom

Piracy : Anyone who catches it can take charge

War Crimes: Super difficult to assert

Question 12

Immunities

Answer 12

In some cases, states are barred from exercising its jurisdiction

Still have jurisdiction but they are procedurally precluded from exercising

Question 13

Immunities for Abdjucation and Enforcement

Answer 13

1. States = legally equal –> enjoy immunity form jurisdiction of the court of another state –> if waived, there is still immunity from enforcement (dounle immunity)

Do not always experience immunity
Sovereign Acts –> Enjoy immunity
Non-Sovereign –> Do not enjoy

Question 14

2 Doctrines of Immunity

Answer 14

Absolute
Transitioned into restrictive / relevant immunity
* Commercial vs Non Commercial Acts

Question 15

Jure Imperii vs Jure Gestionis

Answer 15

Basic Principle: Commercial Acts are not protected by immunity

What is a commercial activity?
1. Nature of the act –> Priv. Ind. Test
2. Purpose of the act