Jurisdiction in International Law

  • International laws and treaties provide agreements between nations
  • Extraterritorial jurisdiction is exercised through principles outlined in the UN charter
  • The Lotus case establishes rules for the prescription and enforcement of jurisdiction
  • States have discretion to prescribe jurisdiction within their own territory
  • Jurisdiction is based on territorial sovereignty and non-intervention

Political Issues Related to Jurisdiction

  • Supranational organizations provide mechanisms for resolving disputes between nations
  • Recognition as a de jure nation acknowledges sovereignty and the right to exist
  • Nations have the discretion to cooperate or participate in supranational bodies
  • Power ceded to supranational bodies represents their own jurisdiction
  • Enforcement of judgments and treaties within national boundaries is a political matter

Jurisdiction in International and Municipal Law

  • Coordinating activities between international and national courts can be challenging
  • Concurrent jurisdiction can lead to difficulties in resolving disputes
  • The principle of complementarity avoids conflicts between international and national courts
  • Universal jurisdiction is fundamental to global organizations like the United Nations and ICJ
  • Acceptance of prospective judgments is necessary to invoke jurisdiction before the ICJ

Jurisdiction in Municipal Law

  • Implementation of treaties is left to each nation
  • Some nations allow direct incorporation of international law into municipal law
  • Two theories justify the incorporation of international law into municipal law: monism and dualism
  • In the Netherlands, treaties and orders of international organizations are automatically considered part of their constitution
  • Citizens in nations with direct effect or legislation can enforce rights granted under international law

Regional and Transnational Jurisdiction

  • Regional organizations like the European Union and African Union have jurisdictional relationships between member states
  • Harmonization of legislative and judicial functions is sought within regional organizations
  • Transnational institutions like the European Court of Justice have jurisdiction on issues of European law
  • The authority of transnational institutions can be denied by member nations asserting sovereignty
  • The political barriers to unification within regional organizations can be difficult to overcome.

Jurisdiction Data Sources

Reference URL
Glossary https://www.alternix.com/blogs/glossary-of-terms/jurisdiction
Wikipedia http://en.wikipedia.org/wiki/Jurisdiction
Wikidata https://www.wikidata.org/wiki/Q471855
Knowledge Graph https://www.google.com/search?kgmid=/m/045sy