Jurisdictional Issues In International Law
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political le adder to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. International law is the set of rules generally regarded and accepted as binding in relations between states and nations. It serves as a framework for the practice of stable and organized international relations.
Jurisdiction becomes a concern of international law when a State, in its eagerness to promote its sovereign interests abroad, adopts laws that govern matters of not purely domestic concern. The international law of jurisdiction is sometimes referred to as the law of ‘extra- territorial’ jurisdiction, especially in the field of economic law. The use of the term ‘extraterritoriality’ derives from the observation that jurisdiction becomes a concern of international law where a State regulates matters which are not exclusively of domestic concern. The term ‘extraterritorial jurisdiction’ is only accurate if it refers to assertions of jurisdiction over persons, property, or activities, which have no territorial nexus whatsoever with the regulating State.
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries and it may also refers to a court’s ability to exercise power beyond its territorial limits. For example, long arm jurisdiction. Long-Arm Statute is a legal provision that allows a state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state.
JURISDICTION UNDER INTERNATIONAL LAW: PRINCIPLES
There are five general doctrines authorizing the exercise of jurisdiction under international law. States can exercise prescriptive jurisdiction under...
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