What is the meaning of Jurisdiction - -Jurisdiction refers to the power of a state to affect person, property, and circumstances within its territory
-Explain following principles:
- Territorial principles
- Nationality principles
- Flag principle
- passive personality principle
- protectiv...
What is the meaning of Jurisdiction - -Jurisdiction refers to the power of a state to affect person,
property, and circumstances within its territory
-Explain following principles:
- Territorial principles
- Nationality principles
- Flag principle
- passive personality principle
- protective principle
- universality principle - -Territorial Principle:
States have exclusive authority to deal with criminal issues arising within their territories.
Nationality Principle:
Permits a country to exercise criminal jurisdiction over any of its nationals accused of criminal
offenses in another state. Example: War Crimes Act in 1991, Sex Offenders Act in 1997
Flag Principle:
Ships and aircrafts have the nationality of the state whose flag they fly or in which they are
registered. They are subject to its jurisdiction.
Passive personality principle:
Allowes states to claim jurisdiction to try a foreign national for offenses committed abroad that
affect its own citizens. Example: State A trys a foreign national for offenses committed on
foreign soil to a citizen of State A.
Protective principle:
Allows a sovereign state to assert jurisdiction over a person whose conduct outside its boundaries
threatens the states security or interferes with the operation of its government functions.
Example: hostages an aircraft-hijacking conventions, Convention on the Safety of United
Nations and Associated Personnel (1994).
Universality Principle:
Allows states or international organizations to claim criminal jurisdiction over an accused person
regardless of where the alleged crime was committed, and regardless of the accused's nationality,
country of residence, or any other relation with the prosecuting entity. Crimes prosecuted under
universal principle are considered crimes against all, too serious to tolerate jurisdictional
arbitrage (e.g. war crimes, crimes against the peace, crimes against humanity, slavery and
piracy).
-What does "Diplomatic immunity" mean? - -Diplomatic immunity refers to the immunities
enjoyed by foreign states or international organizations and their officials from the country in
which they are present.
,-What is the "Law of the Sea" and what does it define? - -It is the constitution of the Sea.
Binding for 154 States. Defines topics such as:
→ Definition of breadth of the territorial sea and the contiguous zones
→ Transit passage for straits
→ Archipelagos
→ Exclusive economic zones
→ The notion of continental shelfs
→ Supervision and regulation of exploration and exploitation of the resources
→ Protection of marine environment
Provisions concerning scientific research
-What is Space law and what does it define? - -Refers to satellites sent to the outer space. The
space beyond the atmosphere of the Earth.
-What are the basic principles of diplomatic immunity according to the Vienna Convention on
Diplomatic Relations? - -- immunity for diplomats, their families, premises (embassies) and
bags.
- legal equality of States
- Limitation of diplomatic privileges to those actions that are necessary to enable a diplomat to
accomplish his mission.
- Avoiding controversial issues such as diplomatic asylum.
- Focusing on permanent envoys rather than on ad-hoc representatives.
- immunity for criminal prosecution and from civil jurisdiction for diplomat, their families and
staff members.
-What are the different interests and priorities reflected in the UN Convention on the Law of the
Sea? - -→ The definition of breadth of the territorial sea and the contiguous zones
→ Transit passage for straits
→ Archipelagos
→ Exclusive economic zones
→ The notion of continental shelfs
→ Supervision and regulation of exploration and exploitation of the resources
→ Protection of marine environment
-What are the major issues of space law? - -- More and more States are becoming "space faring
nations" and more and more satellites are launched every year but the useful orbital paths is
limited.
- Post-mission disposal
- The claim of other developing nations being limited to access the space due to orbital slots and
radio frequencies set by a small number of Western States.
- Competitiveness. Commercial entities entering the space market.
-What is the connection between treaty law and customary international law? - -→ Rule of treaty
law can develop in customary international law because treaties are accepted world wide e.g. the
law of the sea, convention of human rights.
,→ Customary international law applies for all states, while treaties only applies amongst states
that are parties of the treaties.
→ Customary law can be codified in a treaty
-What is the connection between jurisdiction and diplomatic immunity. - -Immunity is Is an
exception of the jurisdiction of the receiving state.
-Please mention the five space treaties - -- 1967 Outer Space treaty (OST)
- 1968 Agreement on the Rescue of Astronauts
- 1972 Liability Convention
- 1974 Registration Convention
- 1979 Moon Treaty
-PIL: Explain the term "Jurisdiction issues" vs. "applicable law issues" - -First it has to be
determined which country shall deal with the case (jurisdiction issues). Subsequently, which
substantive law will be applied (applicable law).
-PIL: Explain the term "Lex fori" vs. lex causae" - -Lex Fori:
answers the question which authority (jurisdiction) takes over a private international law case.
Lex Causae:
answers the question which substantive law is applicable
-PIL: What ist the meaning of renvoi? - -It is a subset of the choice of law rules and it may be
applied whenever a forum court is directed to consider the law of another state.
-PIL: What is Private International Law - -PIL also referred to as conflict of law, comprises the
sum of all rules answering and governing the following questions:
- Which law is applicable to a specific case?
- Which jurisdiction is responsible for a case?
- Is a foreign judgement recognised en enforced
in the home country?
-PIL: What are the sources of PIL? - -- Domestic Law
- CPIL (Lugano Convention)
- International Treaties
-How does PIL function? - -1) Is a foreign element involved?
2) Which jurisdiction applies?
3) Which substantive law applies? ( lex causae - choice of rules)
, 3.1 Which choice of rules are applicable? (may be found in the special part of the CPIL)
3.2 Review the choice of rules with the general rules of private international law (CPIL 13)
4) Recognition and Enforcement of Foreign Decisions
-How to Deal with Private International Law Cases: - -Following procedure helps to deal with
PIL cases:
1. Who, what, against whom, on which basis:
- helps to get an overview of the facts and
legal issues and the respective law field will
be determined.
2. Is a foreign element involved?
3. What are the relevant issues regarding PIL?
4. Jurisdiction?
-which country deals with the case?
5. Applicable Law:
After the Jurisdiction has been determined the applicable law must be determined:
- Does an international treaty apply?
- What is the relevant choice of law rules (special / general law rules)
- Relevant connecting factor?
- Find the relevant applicable law (lex causae)
- Does the reference comprise the Substantive rules only or the whole of foreign law. In the latter
case the issue of renvoi has to be considered (CPIL 14)
- Exception clauses: Are there any indications that the case has a much closer connection to a
different law? (CPIL 15)
- Compulsory provisions: Are there compulsory provisons of Swiss law or the law of a third
country which must be applied regardless of the law designated by the
choice of law (CPIL 18 and 19?)
- Determination of the applicable substantive law (Art. 16 CPIL)
- Application of the foreign law (Art. 13 CPIL)
- Are there indications that in the particular case the application of foreign law might lead to an
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