Jurisdiction - Copy.pdf - Jurisdiction Types of jurisdiction Legislative\/prescriptive the right to make rules Enforcement\/prerogative the right to

Jurisdiction - Copy.pdf - Jurisdiction Types of...

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Jurisdiction
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Types of jurisdiction Legislative/prescriptive: the right to make rules Enforcement/prerogative: the right to enforce the rules Criminal (most) v Civil (eg Germany v Italy; US Alien Tort Statute)
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Heads/Bases of Jurisdiction 1. Territorial Principle (incl Flag State) 2. (Active) Nationality Principle 3. Protective Principle 4. Passive Personality Principle 5. Universality Principle
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1. Territorial jurisdiction Where?
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The SS Lotus Case (France v Turkey) PCIJ 1927
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Flag State Jurisdiction State of registration has jurisdiction over events on board ships and aircraft Jurisdiction may be exclusive, primary, concurrent or otherwise allocated under relevant treaties
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