LCP4801 Assignment 2 (SOLUTION) Semester 1 (2023) - Detailed with Footnotes & Bibliography. Answers have been carefully written and are detailed. Answers are 100% correct!
(a) The forms of jurisdiction that a court could rely on under international law.
(b) The requirements for statehood unde...
I have provided short notes and I have also provided longer answers, this
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(a) The forms of jurisdiction that a court could rely on under international
law (10)
Jurisdiction is the authority of a court to hear and decide a legal case. Under
international law, there are several forms of jurisdiction that a court can rely on to
exercise its authority. These forms of jurisdiction can be classified into six main
categories: territoriality, nationality, passive personality, protective, effects, and
universal jurisdiction.
Territorial jurisdiction is a well-established principle of international law, which
provides that a state has the right to exercise jurisdiction over crimes committed
within its territorial boundaries, regardless of the nationality of the offender. 1 ……
Example of the short answer provided for The principle of nationality/active
personality:
The principle of nationality/active personality
This principle gives a court in a state jurisdiction over a matter if the offender is
its national, irrespective of where the crime was committed. In contrast, the
principle of territoriality provides that a state has jurisdiction over crimes
committed within its territory, regardless of the nationality of the offender. For
example, a court in the United States could have jurisdiction over a crime
committed by a US citizen in another country, while a court in that country could
also …………………………………………………………………………………….
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