Foreign International Law

Get Asserting Jurisdiction: International and European Legal PDF

By Patrick Capps, Malcolm Evans, Stratos Konstadinidis

ISBN-10: 1841133051

ISBN-13: 9781841133058

The essays during this assortment discover some of the ways that a couple of key ecu and overseas criminal associations try to outline the bounds of jurisdictional competence. the primary questions that are addressed are: (a) Does the correct establishment have a jurisdictional competence sufficient to the demanding situations that it faces? (b) What are the parameters that endure upon the workout of a selected jurisdictional competence? (c) What are the consequences, confident or damaging, of extending, restraining or making a specific jurisdictional competence on these topic to its jurisdiction, different actors and the rule of thumb of legislations itself? Examples of the associations coated during this booklet are the safety Council, the eu courtroom of Justice, NATO, the overseas courtroom of Justice and the kingdom.

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8 Sir Franklin Berman at least the following points: whether the term applies generally to any crime of serious international concern (or international ramifications), as opposed to crimes of purely local impact; alternatively, whether the term applies properly to crimes created by international law, and if so whether the concept refers only to crimes under general international law, or applies equally to crimes created by treaty;27 alternatively, whether the term connotes unlawful actions by States, but for which State agents are individually answerable; and most of all confusion on the connection between whether a crime is a crime ‘under’ international law and who has jurisdiction to prosecute and punish it.

See the analyses by President Guillaume and Judges Higgins, Koojimans and Buergenthal in their Separate Opinions in the Yerodia Case, n 2 above. 42 Though not always with perfect success, as witness the Lockerbie litigation in the International Court of Justice, the central issue in which can be summarized as being the limits (if any) of the treaty acceptance of the possibility of trial before the courts of a State itself implicated in the impugned criminal act. 43 Which continues to be heavily relied on by governments even in the context of severe criminal activity that has been addressed by treaty, eg terrorism.

They are powers over people, so powers over individuals themselves (including their liberty), over their property, and over their activities. Even if this were not the age of human rights, it surely needs no further demonstration that powers of that kind need a justification. A ‘justification’ may however be as much a matter of policy or social need as anything else. It is not the same thing as a legal basis, and claims to jurisdiction need a legal basis. 1 That is, outside their physical territory.

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Asserting Jurisdiction: International and European Legal Approaches by Patrick Capps, Malcolm Evans, Stratos Konstadinidis

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