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LCP4801 INTERNATIONAL LAW SUPPLEMENTARY EXAMINATION 2022
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LCP4801 INTERNATIONAL LAW SUPPLEMENTARY EXAMINATION 2022
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LCP4801SUPPLEMENTAR
Y EXAMINATION
2022
PORTIFOLIO
INTERNATION
AL LAW-
, QUESTION 1
(a)
Jurisdiction is the capacity of a state to exercise its legislative, executive functions,
enforce its rights and functions in its territory. State jurisdiction is divided into 3 distinct
powers which are:
. Prescriptive jurisdiction: empowers the state to prescribe certain conduct through their
common law or national legislation.
. Enforcement jurisdiction: enables a state to enforce those laws (prescriptions).
. Adjudicative jurisdiction: is the states capacity to determine the outcome of a matter
through the exercise of enforcement jurisdiction by way of adjudicating what has been
prescribed.
Three principles form the basis of jurisdiction in international law are:
. State can not exercise its jurisdiction in the territory of another state unless there is a
rule allowing for this
. State must exercise jurisdiction in its own territory over acts occurring elsewhere,
unless there is an international law forbidding this
. In international law the territoriality of a criminal case is not absolute
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