International Jurisdiction Issues

Principles of Jurisdiction

The concept of jurisdiction refers to the power of a State to prescribe and enforce criminal and
regulatory laws and is ordinarily based on the territorial principle, under which a State has
jurisdiction over activities within its territory. Some states also claim jurisdiction over activities
outside their territory which affect their territory.

States can also claim jurisdiction based upon the nationality principle by extending jurisdiction
over their nationals even when they are outside the territory. For example, civil law countries
extend their criminal law to cover their nationals while abroad while common law countries usually only do so in exceptional cases.

There is also a very narrow category of crimes – including genocide and war crimes – over which
States may assert jurisdiction based upon the universality principle, which gives all States have
jurisdiction irrespective of nationality or location of the offence.

Almost all States claim jurisdiction under the protective principle, under which a State asserts
jurisdiction over acts committed outside their territory that are prejudicial to its security, such as treason, espionage, and certain economic and immigration offences. The most controversial
basis for jurisdiction – followed by very few States – is the passive personality principle, which
establishes jurisdiction based on the nationality of the victim. In recent years States have
asserted jurisdiction over terrorist acts outside their territory directed against their nationals,
thereby basing jurisdiction on a combination of the protective and passive personality principles.

Modern counter-terrorism treaties establish jurisdiction among State Parties based on the
presence of the offender within their territory. If a persons who are alleged to have committed the offence established in the treaty (e.g, hijacking of an aircraft) is present in their territory, a State Party to the treaty is under an obligation to take the persons into custody, and to either prosecute them or extradite them to another State Party that has jurisdiction over the offence.

If two or more States have jurisdiction over a particular offence, they are said to have concurrent jurisdiction. In such cases the State which is most likely to prosecute the offender is the State which has custody over him. No State may exercise jurisdiction within the territorial sovereignty of another State. The police of State A cannot enter the territory of State B to arrest a person who has committed a crime in State A. Also, if a crime takes place in the territorial sea of a coastal State, no State other than the coastal State my intercept and arrest the ship carrying the offenders.

States enter into bilateral treaties to provide for the extradition of alleged offenders. Sending an
alleged criminal to another State for investigation or prosecution in the absence of an extradition treaty is referred to as rendition.

The high seas and outer space are outside the territorial jurisdiction of any State. The general
principle of jurisdiction in these common areas is that ships, aircraft and spacecraft are subject to the jurisdiction of the “flag State” , or State of registration. The general principle is that ships on the high seas are subject to the exclusive jurisdiction of the flag State, and cannot be boarded without its express consent. The most notable exception is piracy. All States have a right to board pirate ships on the high seas without the consent of the flag State.

Se also Immunities from Jurisdiction here.

Prescriptive and Enforcement Jurisdiction

For information on prescriptive jurisdiction in the United States, click here. For information on prescriptive jurisdiction in the world, click here. The information about enforcement jurisdiction in the U.S. is available here. The information about enforcement jurisdiction in the world is available here.

Jurisdiction in Contentious Cases

Jurisdiction: parties in cases

In the context of the International Court of Justice:

Members of the United Nations

This subsection covers Members of the United Nations in relation to parties in cases .

Non-Members of the United Nations as Parties to the Statute

This subsection covers Non-Members of the United Nations as Parties to the Statute in relation to parties in cases.

Consequences of being Party to Statute

This subsection covers Consequences of being Party to Statute in relation to parties in cases .

Withdrawal, Suspension and Expulsion from United Nations

This subsection covers Withdrawal, Suspension and Expulsion from United Nations in relation to parties in cases .

Public Internatlonal Organizations

This subsection covers Public Internatlonal Organizations in relation to parties in cases .

International Organizations-Non-Governmental

This subsection covers International Organizations-Non-Governmental in relation to parties in cases .

Individuals

This subsection covers Individuals in relation to parties in cases .

Jurisdiction in Contentious Cases: general concepts of jurisdiction

In the context of the International Court of Justice:

The Concept of ‘Dispute’

This subsection covers The Concept of ‘Dispute’ in relation to general concepts of jurisdiction .

Jurisdiction and Competence

This subsection covers Jurisdiction and Competence in relation to general concepts of jurisdiction .

Meaning of Jurisdiction:

This subsection covers Meaning of Jurisdiction: in relation to general concepts of jurisdiction .

Mutuality and Reciprocity as Elements of Jurisdictlon

This subsection covers Mutuality and Reciprocity as Elements of Jurisdictlon in relation to general concepts of jurisdiction .

Jurisdiction and Propriety

This subsection covers Jurisdiction and Propriety in relation to general concepts of jurisdiction .

Jurisdiction of the International Court of Justice

This subsection covers Jurisdiction of the International Court of Justice in relation to general concepts of jurisdiction .

The Consensual Basis of Jurisdiction

This subsection covers The Consensual Basis of Jurisdiction in relation to general concepts of jurisdiction .

Principal and Incidental Jurisdiction

This subsection covers Principal and Incidental Jurisdiction in relation to general concepts of jurisdiction .

Form of Consent

This subsection covers Form of Consent in relation to general concepts of jurisdiction .

Consent by Subsequent Conduct

This subsection covers Consent by Subsequent Conduct in relation to general concepts of jurisdiction .

Withdrawal of Consent

This subsection covers Withdrawal of Consent in relation to general concepts of jurisdiction .

Jurisdiction to Decide Ex aequo et bono

This subsection covers Jurisdiction to Decide Ex aequo et bono in relation to general concepts of jurisdiction .

The Non Ultra Petita Rule

This subsection covers The Non Ultra Petita Rule in relation to general concepts of jurisdiction .

Conferment of Jurisdiction Ratione Materiae

This subsection covers Conferment of Jurisdiction Ratione Materiae in relation to general concepts of jurisdiction.

Jurisdiction Ratione Temporis

This subsection covers Jurisdiction Ratione Temporis in relation to general concepts of jurisdiction .

Jurisdiction in Contentious Cases: treatises and agreements

In the context of the International Court of Justice:

Treaties in Force

This subsection covers Treaties in Force in relation to treatises and agreements .

Treaties Concluded before 1945

This subsection covers Treaties Concluded before 1945 in relation to treatises and agreements .

Matters Provided for in United Nations Charter

This subsection covers Matters Provided for in United Nations Charter in relation to treatises and agreements .

The General Theory of Forum Prorogatum

This subsection covers The General Theory of Forum Prorogatum in relation to treatises and agreements .

Early Developments

This subsection covers Early Developments in relation to treatises and agreements .

The Discussions of 1934-6

This subsection covers The Discussions of 1934-6 in relation to treatises and agreements .

Time for Formal Agreement’

This subsection covers Time for Formal Agreement’ in relation to treatises and agreements .

Agreement by Successive Acts

This subsection covers Agreement by Successive Acts in relation to treatises and agreements .

Agreement in Course of Pleading (Tacit Consent)

This subsection covers Agreement in Course of Pleading (Tacit Consent) in relation to treatises and agreements .

The Negation of Tacit Consent

This subsection covers The Negation of Tacit Consent in relation to treatises and agreements .

State Organs Competent to give Consent

This subsection covers State Organs Competent to give Consent in relation to treatises and agreements .

Evaluation

This subsection covers Evaluation in relation to treatises and agreements .

Jurisdiction in Contentious Cases and compulsory jurisdiction

In the context of the International Court of Justice:

History

This subsection covers History in relation to compulsory jurisdiction .

Statute, Articles 36 (2) and (3)

This subsection covers Statute, Articles 36 (2) and (3) in relation to compulsory jurisdiction .

“’Ipso Facto and Without Special Agreement”

This subsection covers “’Ipso Facto and Without Special Agreement” in relation to compulsory jurisdiction .

‘Any Other State’

This subsection covers ‘Any Other State’ in relation to compulsory jurisdiction .

‘Accepting the Same Obligation’

This subsection covers ‘Accepting the Same Obligation’ in relation to compulsory jurisdiction .

‘Legal Disputes’

This subsection covers ‘Legal Disputes’ in relation to compulsory jurisdiction .

Declarations made before 1945

This subsection covers Declarations made before 1945 in relation to compulsory jurisdiction .

Form of Declaration

This subsection covers Form of Declaration in relation to compulsory jurisdiction .

Statute, Article 36 (4)

This subsection covers Statute, Article 36 (4) in relation to compulsory jurisdiction .

Reciprocity

This subsection covers Reciprocity in relation to compulsory jurisdiction .

Reservations and Conditions

This subsection covers Reservations and Conditions in relation to compulsory jurisdiction .

Objective Reservation of Domestic Jurisdiction

This subsection covers Objective Reservation of Domestic Jurisdiction in relation to compulsory jurisdiction .

Subjective Reservation of Domestic Jurisdiction

This subsection covers Subjective Reservation of Domestic Jurisdiction in relation to compulsory jurisdiction .

Temporal Conditions-Terminology

This subsection covers Temporal Conditions-Terminology in relation to compulsory jurisdiction .

The War Exclusion Clause

This subsection covers The War Exclusion Clause in relation to compulsory jurisdiction .

Special Reservations

This subsection covers Special Reservations in relation to compulsory jurisdiction .

Interpretation of Declarations

This subsection covers Interpretation of Declarations in relation to compulsory jurisdiction .

The Juridical Qualification of the System

This subsection covers The Juridical Qualification of the System in relation to compulsory jurisdiction .

Denunciation of Declaration

This subsection covers Denunciation of Declaration in relation to compulsory jurisdiction .

Evaluation

This subsection covers Evaluation in relation to compulsory jurisdiction .

and XII: incidental jurisdiction

In the context of the International Court of Justice: .

General Characteristics

This subsection covers General Characteristics in relation to incidental jurisdiction .

Interim Measures of Protection

This subsection covers Interim Measures of Protection in relation to incidental jurisdiction .

IInterpretation of Judgment

This subsection covers IInterpretation of Judgment in relation to incidental jurisdiction .

Revision of Judgment

This subsection covers Revision of Judgment in relation to incidental jurisdiction .

Intervention

This subsection covers Intervention in relation to incidental jurisdiction .

Counter-Claims

This subsection covers Counter-Claims in relation to incidental jurisdiction .

Jurisdiction over Procedure

This subsection covers Jurisdiction over Procedure in relation to incidental jurisdiction .

and XIII: preliminary objections

In the context of the International Court of Justice: .

Importance of Questions of jurisdiction

This subsection covers Importance of Questions of jurisdiction in relation to preliminary objections .

Jurisdiction as to the Jurisdiction

This subsection covers Jurisdiction as to the Jurisdiction in relation to preliminary objections .

Meaning of ‘Dispute as to Jurisdiction’

This subsection covers Meaning of ‘Dispute as to Jurisdiction’ in relation to preliminary objections .

Consequence of Raising Jurisdictional Questions

This subsection covers Consequence of Raising Jurisdictional Questions in relation to preliminary objections .

Time for Raising Question of jurisdiction

This subsection covers Time for Raising Question of jurisdiction in relation to preliminary objections .

Rules, Article 62

This subsection covers Rules, Article 62 in relation to preliminary objections .

Suspension of Proceedings on Merits

This subsection covers Suspension of Proceedings on Merits in relation to preliminary objections .

Successive Objections

This subsection covers Successive Objections in relation to preliminary objections .

Classification and Priorities of Objections

This subsection covers Classification and Priorities of Objections in relation to preliminary objections .

Distinction between Objection and Defense

This subsection covers Distinction between Objection and Defense in relation to preliminary objections .

Character of Decision on Preliminary Objections

This subsection covers Character of Decision on Preliminary Objections in relation to preliminary objections .

Disposal of Objections

This subsection covers Disposal of Objections in relation to preliminary objections .

Questions of Jurisdiction Raised by International Court of Justice

This subsection covers Questions of Jurisdiction Raised by International Court of Justice in relation to preliminary objections .

Jurisdiction in Contentious Cases: the title of jurisdiction

In the context of the International Court of Justice:

Definition of the title of jurisdiction

This subsection covers Definition of the title of jurisdiction in relation to jurisdiction .

Validity in Time of Title of Jurisdiction

This subsection covers Validity in Time of Title of Jurisdiction in relation to the title of jurisdiction .

Registration under Charter, Article I

This subsection covers Registration under Charter, Article I in relation to the title of jurisdiction .

Plurality of Titles of Jurisdiction

This subsection covers Plurality of Titles of Jurisdiction in relation to the title of jurisdiction .

Successive Titles of Jurisdiction

This subsection covers Successive Titles of Jurisdiction in relation to the title of jurisdiction .

Retroactive Effect of Title of Jurisdiction

This subsection covers Retroactive Effect of Title of Jurisdiction in relation to the title of jurisdiction .

Temporal Limitations

This subsection covers Temporal Limitations in relation to the title of jurisdiction .

Application of Temporal Limitation

This subsection covers Application of Temporal Limitation in relation to the title of jurisdiction .

Temporal Element of Jurisdiction Ratione Personae

This subsection covers Temporal Element of Jurisdiction Ratione Personae in relation to the title of jurisdiction .

Lapse of Title of Jurisdiction

This subsection covers Lapse of Title of Jurisdiction in relation to the title of jurisdiction .