Summary Probleem 3 'Introduction to International and European law'
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Course
Introduction to International and European Law
Institution
Erasmus Universiteit Rotterdam (EUR)
Book
International Law
This is a summary of the block Introduction to International and European law. The summary contains all the problems for the block for the full-time students in the exact order of how they are discussed in the educational groups. summary, which will certainly help in taking this exam, for both full...
Book summary: International Law - Anders Henriksen
Probleem 1
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Introduction to International and European Law
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Problem 3
Learning subjects
- What is jurisdiction
5 principles
- How is the responsibility of the states regulated
Only address conditions and exceptions of the state
- What would be a possible critique on state responsibility based on the
principles of state sovereignty
L1: What is jurisdiction
International law primarily seeks to maintain international order by
compartmentalizing territory and individuals into sovereign states.
One of the defining aspects of sovereignty, is the exclusive rights of each state to
govern its internal affairs.
The island of Palmas case p. 829/838
‘Sovereignty in the relations between states signifies independence. Independence in
regard to a portion of the globe is the right to exercise therein, to the exclusion of any
other state, the functions of the state.’
Lotus case No. 10/18-19
‘First and foremost restriction imposed by international law upon a state is that, failing
the existence of a permissive rule to the contrary, it may not exercise its power in any
form in the territory of another state.
The principle against physically exercising sovereignty in another state is countered
by another principle that flows from state sovereignty.
The prohibition against physically exercising jurisdiction in other states did not mean
that a state was also prohibited from exercising jurisdiction in its own territory.
‘In respect of any case which relates to acts which have taken place abroad, and in
which it cannot rely on some permissive rule of international law’
In international law, the dual aspects of sovereignty mentioned above are reflected in
the principles of the lawful exercise of jurisdiction. WHAT DUALITY
The island of Palmas and Lotus: a state is entitled to regulate conduct that occurs
abroad, but it may not force its laws outside its territory
, The term jurisdiction relates to the authority of a state to exert its influence and
power, in practice, make apply and enforce its rules and create an impact or
consequence on individuals or property.
In practice, the principles of jurisdiction translate into important distinctions between
various means of jurisdiction, the primary ones being jurisdiction to enforce
(afdwingen) and jurisdiction to prescribe (voorschrijven)
International law also operates with a jurisdiction to adjudicate that concerns the right
of domestic courts to receive, treat and determine cases referred to them
(Internationaal recht werkt ook met een jurisdictie om uitspraak te doen die betrekking heeft
op het recht van nationale rechtbanken om zaken die naar hen zijn verwezen, te ontvangen,
te behandelen en te bepalen.)
There are three forms of jurisdiction, that can be illustrated trough a robbery case
1. Criminalization: of the robbery is an act of prescriptive jurisdiction
2. Apprehension (vrees): the physical apprehension of a suspected robber is a
case of enforcing jurisdiction
3. Adjudicate (berechten): jurisdiction to adjudicate relates to subsequent
criminal prosecution of the individual
- Extraterritorial jurisdiction: the rare cases where a state may be authorized to
enforce its jurisdiction on the territory of another state
- the principles of jurisdiction seek to balance the rights of a sovereign state to
exert its influence over matters of concern with the interests of other sovereign
states not be subjected to undue encroachment on their right to conduct their
own affairs.
- The principle of jurisdiction seek to prevent undue friction between states and
are therefore part and parcel of the international law of coexistence
Further explanation
The attempt by state A to exercise jurisdiction over individuals or events on the
territory of state B will be perceived as an infringement of the sovereignty of state B,
because it interferes with how the latter exercises its own jurisdiction
The source of jurisdiction is state sovereignty and the role of international law is
merely to limit the exercise of jurisdictional powers.
There is no comprehensive convention regulating jurisdiction and the law is primarily
derived from state practice
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