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LCP4801 INTERNATIONAL LAW SUPPLEMENTARY EXAMINATION 2022 R53,10   Add to cart

Exam (elaborations)

LCP4801 INTERNATIONAL LAW SUPPLEMENTARY EXAMINATION 2022

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LCP4801 INTERNATIONAL LAW SUPPLEMENTARY EXAMINATION 2022

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  • October 25, 2022
  • 13
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers
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robakosso
LCP4801
SUPPLEMENTAR
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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