Book contents
- Frontmatter
- Contents
- Table of panels
- List of figures
- Preface
- Acknowledgments
- Terminology
- Table of Latin phrases
- List of abbreviations
- Table of cases
- Table of cases (European Court of Justice, numerical order)
- Table of legislative instruments
- PART I STARTING OFF
- PART II JURISDICTION
- 2 Jurisdiction: an analysis
- 3 Jurisdiction under EC law
- 4 EC law: special jurisdiction
- 5 The traditional English rules
- 6 Developments in Canada
- 7 US law: an outline
- 8 Choice-of-court agreements
- 9 Forum non conveniens and antisuit injunctions
- 10 Overlapping jurisdiction in EC law
- 11 Special topics – I
- 12 Special topics – II
- PART III FOREIGN JUDGMENTS
- PART IV PROCEDURE
- PART V CHOICE OF LAW
- PART VI EXTRATERRITORIALITY
- Bibliography
- Index
2 - Jurisdiction: an analysis
from PART II - JURISDICTION
- Frontmatter
- Contents
- Table of panels
- List of figures
- Preface
- Acknowledgments
- Terminology
- Table of Latin phrases
- List of abbreviations
- Table of cases
- Table of cases (European Court of Justice, numerical order)
- Table of legislative instruments
- PART I STARTING OFF
- PART II JURISDICTION
- 2 Jurisdiction: an analysis
- 3 Jurisdiction under EC law
- 4 EC law: special jurisdiction
- 5 The traditional English rules
- 6 Developments in Canada
- 7 US law: an outline
- 8 Choice-of-court agreements
- 9 Forum non conveniens and antisuit injunctions
- 10 Overlapping jurisdiction in EC law
- 11 Special topics – I
- 12 Special topics – II
- PART III FOREIGN JUDGMENTS
- PART IV PROCEDURE
- PART V CHOICE OF LAW
- PART VI EXTRATERRITORIALITY
- Bibliography
- Index
Summary
What is jurisdiction?
The word ‘jurisdiction’ has several meanings. Apart from meaning a territory subject to the control of a particular court, it refers to the power of a governmental entity to do something. Jurisdiction in this sense can be divided between domestic (internal) jurisdiction and international jurisdiction. The former is concerned with the power of different governmental organs within the country concerned – for example, the division of power between the executive and the legislature. This is usually a matter of constitutional law. It is of no concern to us.
International jurisdiction concerns the division of powers between different States or other international entities. In some States, there is a similar division of power internally between different sub-units, in the sense that the same principles may apply at this level. Examples include the relations between Scotland and England (and Wales) within the United Kingdom, or between different states in the United States. This is also treated as involving international jurisdiction.
International jurisdiction includes legislative jurisdiction (the power of a legislature to legislate – for example, to pass laws affecting people outside its territory) and executive jurisdiction (the power of the executive to act in particular circumstances – for example, to arrest a fugitive outside its territory). At this point, we are not concerned with these, but with the jurisdiction of courts (judicial jurisdiction). This may be defined as the power of a court to give a binding ruling on a legal controversy.
- Type
- Chapter
- Information
- International Commercial LitigationText, Cases and Materials on Private International Law, pp. 11 - 17Publisher: Cambridge University PressPrint publication year: 2009