Immunity - JURISDICTION AND IMMUNITIES Jurisdiction- large...

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JURISDICTION AND IMMUNITIES Jurisdiction- large number of different meanings. -"powers exercised by a state over persons, property, or events." -Powers: power to legislate in respect to persons, property or events (legislative or presecriptive jurisdiction) -Powers of a states courts to hear cases concerning . ... (judicial or adjudicative jurisdiction) -Powers of physical interference exercised by the executive, such as arrest, seizure of property. (enforcement jurisdiction) *Note: no state has the authority to infringe the territorial integrity of another state in order to aprehend an alleged criminal, even if subject charged with intl crime (violations include Eichmann, Alvarez-Macham (Us)) -Intl Law neither forbids nor requires municipal courts to hear cases; it makes an offer of jurisdiction, so to speak, which municipal courts need not accept if they dont want to. -Apart from cases of sovereign/diplomatic immunity, intl law doesnt seem to impose any restrictions on jurisdiction of courts in civil cases, it restricts jurisdiction only in criminal cases. BASES OF JURISDICTION IN CRIMINAL TRIALS: *Where more than one state has jurisdiction on a basis permitted by international law, it seems that each state is free to exercise prescriptive jurisdiction when it wishes and that priority to exercise enforcement jurisdiction depends solely upon custody. Even a state with territorial jurisdiction, which is the form of jurisdiction the most firmly rooted in state practice, has no prior claim over another state having custody of a person and relying on some extra- territorial jurisdiction. Two limitions (Harvard Draft commission): double jeopardy- Article 13), Article 14- problem also arises when person placed in a position where under law ostate A required to do something which he is prohibited from doing under law of state B. 1) Territorial Principle: every state claims jurisdiction over crimes committed in its own territory, even by foreigners. -Many shoots across border kills man on other side: both states have jurisdiction: state where acts commenced under subjective territorial principle, state where act completed: objective or "effects doctrine" (US uses for economic regulation) 2) Nationality Principle: a state may prosecute its nations for crimes committed anywhere in the world (active nationality principle): universally accepted, some countries even claim jurisdiction on basis of personal link other than nationality (such as long residence in state) -Passive nationality principle: try an alien for crimes committed abroad affecting one of their nationals. (ex. Cutting Case (1886)- court in Mexico assumed criminal jurisdiction over an American citizen for publication of a defamatory statement against a mexican citizen in a Texas newspaper. US and UK have consistently opposed this principle in the past. -Cutting, a US national, had published defamatory statements amounting to a criminal
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This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell University (Engineering School).

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Immunity - JURISDICTION AND IMMUNITIES Jurisdiction- large...

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