Jurisdiction

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