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47 results

Page 1 of 3

  • 6 - Jurisdiction

  • from Part I - The Foundations of Public International Law
  • Cecily Rose, Niels Blokker, Daniëlla Dam-de Jong, Simone van den Driest, Robert Heinsch, Erik Koppe, Nico Schrijver
  • Book:
    An Introduction to Public International Law
    Published online:
    17 February 2022
    Print publication:
    03 March 2022, pp 101-119

  • Summary

    Each state enjoys full sovereignty over its territory and therefore has, in principle, full jurisdiction over events and persons within its territory. The term “jurisdiction” is often associated with the power of a court to hear a case, but judicial or adjudicative jurisdiction is just one of three manifestations of jurisdiction. The exercise of jurisdiction is also manifested in the authority of states to prescribe rules (legislative or prescriptive jurisdiction) and the power of states to enforce rules (enforcement jurisdiction). Although the power of states to exercise jurisdiction follows from the principle of sovereignty, this power is not unlimited. Each state has to respect the personality and sovereign equality of other states, and overstepping this boundary entails a violation of public international law. This limitation is most pertinent when a state exercises jurisdiction outside its own territory, for example when it enforces domestic legislation outside of its territory or when it extends the application of its domestic laws to people, property, or events outside its own territory. This chapter discusses the scope of the jurisdiction of states when states exercise enforcement, prescriptive, and adjudicative jurisdiction in relation to persons, property, and acts outside their own territory.

  • 6 - Jurisdiction

  • from Part I - The Foundations of Public International Law
  • Cecily Rose, Niels Blokker, Daniëlla Dam-de Jong, Simone van den Driest, Robert Heinsch, Erik Koppe, Nico Schrijver
  • Book:
    An Introduction to Public International Law
    Published online:
    17 February 2022
    Print publication:
    03 March 2022, pp 101-119

  • Summary

    Each state enjoys full sovereignty over its territory and therefore has, in principle, full jurisdiction over events and persons within its territory. The term “jurisdiction” is often associated with the power of a court to hear a case, but judicial or adjudicative jurisdiction is just one of three manifestations of jurisdiction. The exercise of jurisdiction is also manifested in the authority of states to prescribe rules (legislative or prescriptive jurisdiction) and the power of states to enforce rules (enforcement jurisdiction). Although the power of states to exercise jurisdiction follows from the principle of sovereignty, this power is not unlimited. Each state has to respect the personality and sovereign equality of other states, and overstepping this boundary entails a violation of public international law. This limitation is most pertinent when a state exercises jurisdiction outside its own territory, for example when it enforces domestic legislation outside of its territory or when it extends the application of its domestic laws to people, property, or events outside its own territory. This chapter discusses the scope of the jurisdiction of states when states exercise enforcement, prescriptive, and adjudicative jurisdiction in relation to persons, property, and acts outside their own territory.

Page 1 of 3