International Law Summary Full (All chapters) Questions and Answers {Distinction Level}2023
What are the 5 principles of Jurisdiction? - -1. Territorial 2. Nationality 3. Universality 4. Protective Principle 5. Passive Personality -Jurisdiction - -assertion of legal authority or adjudicatory authority. -Territorial Principle - -a nation can exercise jurisdiction over persons, transactions, event, and property within its territory. - exclusive and absolute - can be limited by consent -Nationality Principle - -a nation can mandate compliance by its own nationals living abroad, (tax rules, criminal law that reaches across borders.) -Universality Principle - -any nation can exercise jurisdiction over certain crimes and offenses (piracy, slave-trade, genocide) -Protective Principle - -state can exercise jurisdiction over conduct that occurs beyond its borders by non-nationals where the conduct poses a danger to state's security -Passive Principle - -exercise of jurisdiction based on nationality of the victim. Lotus court did not rule in favor of Turkey on this basis -Diplomatic immunity - -absolute for prosecution or civil suit, i.e., personal and function immunity
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