Other
Notes + working group effects week 4 Public International Law
- Course
- Institution
- Book
Notes and working group results from week 4 of the Public International Law course. The teacher's correction is in bold.
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Samenvattingen IIEL
-
Aantekeningen + werkgroepuitwerkingen week 8 Public International Law
-
Aantekeningen + werkgroepuitwerkingen week 1 Public International Law
Seller
Follow
merelarkink
Content preview
CLASS 4 - JURISDICTION AND IMMUNITYOverview Literature:
Henriksen:
- Chapter 5;
- Chapter 6
Cases:
- ICJ, Jurisdictional Immunities Case (Germany v. Italy);
- ICJ, Arrest Warrant Case (Democratic Republic of Congo v. Belgium).
Other materials:
- Knowledge clips class 4;
- Newspaper Article: “Tokyo angered after South Korea court orders Japan to
compensate 'comfort women”
- CNN news article: “US determines Saudi Crown Prince is immune in case
brought by Jamal Khashoggi’s fiancée”
Learning objectives: At the end of this class, students:
- Understand the five principles on the basis on which jurisdiction can be claimed;
- Understand the controversy regarding universal jurisdiction;
- Are able to distinguish between acta jure gestionis and acta jure imperii;
- Understand the extent to which diplomats and embassies/consulates enjoy
immunity;
- Are able to explain what was determined in the ICJ Jurisdictional Immunities
case and why this ruling is noticeable;
- Are able to explain, with the use of the ICJ Arrest Warrant case, which persons
enjoy immunity from prosecution by foreign courts in which circumstances.
, Notes
Immunity: even though you committed a crime and another state has jurisdiction,
you can’t be prosecuted. You’re untouchable.
Jurisdiction: authority to do whatever you want, to enforce law for example.
Sovereignty: to protect your country and do whatever you want; territorial
jurisdiction, or to do with your citizens as you want; jurisdiction on the basis of
active nationality, protecting your citizens; jurisdiction on the basis of passive
nationality.
Types of jurisdiction because of coexistence, otherwise there won’t be
sovereignty and there will be chaos.
Which principle(s) of jurisdiction?
Identify: what is the connection between the state and the crime?
- Who committed the crime?
- Where was the crime committed?
- Against whom was the crime committed?
- What kind of crime was committed?
Types of jurisdiction:
- Territorial jurisdiction: state has jurisdiction over the land/sea/space of their
territory, boundaries. sovereignty
- Jurisdiction on the basis of active nationality: based on the nationality on the
perpetrator, this country can prosecute.
- Jurisdiction on the basis of passive nationality: based on the nationality of the
victim, this country can prosecute.
- Protective jurisdiction: based on vital interests of a state, for example
falsifying passports/currencies, acts of terrorism, drugs.
- Universal jurisdiction: every state has jurisdiction, act has to be so extreme;
jus cogens: grave war crimes, crimes against humanity, genocide.
- State jurisdiction vs. international court’s jurisdiction
- Five grounds for prescriptive jurisdiction state jurisdiction
Territorial jurisdiction
Jurisdiction on the basis of nationality
o Active personality
o Passive personality
Protective jurisdiction
Universal jurisdiction
Problem: more than one state can claim jurisdiction (overlapping jurisdiction)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller merelarkink. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.51. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75057 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now