Comprehensive textbook, lecture and academic notes on Topics in International Law.
Includes key cases, analysis of the law, academic criticism and my own comments. Got me a 1st
University of Cambridge
Law Tripos 2018-2019 – International Law
JURISDICTION AND IMMUNITIES
Reading List:
- Brownlie, Chapters 21 and 22; or Evans, Chapters 11, 12 and 13; or Shaw, Chapters 12 and 13
- Harris, Chapter 6
- H Fox & P Webb, The Law of State Immunity (3rd edn, OUP, 2013) (useful as a reference book)
- R O’Keefe & C Tams (eds), The United Nations Convention on Jurisdictional Immunities of States and Their Prop-
erty: A Commentary (OUP, 2013) (useful as a reference book
Further reading on specific topics is suggested below in the relevant sections of the handout.
I. State Jurisdiction
A. General notion of State jurisdiction
1. ‘Jurisdiction’ is the right that States have under international law to regulate – by enacting and enforcing
laws – the conduct of natural and juridical persons. Note that the term is also used to describe the compet-
ence of international courts and tribunals (e.g. the contentious and advisory jurisdictions of the ICJ).
2. Modalities of exercise of State jurisdiction:
- Prescriptive jurisdiction: power to enact laws;
- Enforcement jurisdiction: power to enforce laws;
- Adjudicative jurisdiction: power exercised by the courts of States in applying and enforcing laws (a
hybrid between prescriptive and adjudicative jurisdiction, depending on whether the court is saying
what the law is or ordering its enforcement).
3. Jurisdiction obviously covers all matters of public law and private law. But the debate on its bases and
limits tends to focus on the exercise of jurisdiction over criminal matters.
B. Enforcement jurisdiction
4. A straightforward rule: States can only enforce their laws inside their territory.
The Case of the SS Lotus (France v Turkey) (1927) PCIJ Ser. A No.10, (1949), at 18-19:
‘[T]he 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 ter-
ritory of another State. In this sense jurisdiction is certainly territorial; it cannot be exercised by a
State outside its territory except by virtue of a permissive rule derived from international custom of
from a convention.’
5. As a result, the exercise of extra-territorial enforcement jurisdiction requires some form of justification
or consent, without which it will constitute an internationally wrongful act. That does not necessarily affect
the position under domestic law in cases of unlawful abduction of criminals:
Attorney-General of the Government of Israel v Eichmann (1961)
For the position under UK law, see R v Horseferry Road Magistrates’ Court (ex parte Bennett)
[1994] 1 A.C. 42 HL
1
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 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 edwardasmith. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £2.99. You're not tied to anything after your purchase.
