Lecture 2-25-08

Lecture 2-25-08 - EXTRATERRITORIAL JURISDICTION (chapter 5)...

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EXTRATERRITORIAL JURISDICTION (chapter 5) Slomanson: Jurisdiction is the State 's right , under International Law, to regulate conduct not exclusively of national concern. EU protested this, claiming it violated International Law. FIVE JURISDICTIONAL PRINCIPLES To what extend can a State pass laws and enforce them when some or all of the prohibited conduct occurs outside of its territory or territorial waters? 1. TERRITORIALITY PRINCIPLE There is the notion that a state should restrict its rule making in principle to persons and goods within its territory. However, states do engage in overt and covert activities beyond their borders that influence their nationals as well as nationals of other states. The exercise of a State jurisdiction over its aircrafts and sea- going vessels regardless of location. THE S.S. LOTUS (FRANCE v. TURKEY, PCIJ, 1927) Slomanson:
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Territorial (Subjective) = Territorial (Objective) = 2. PASSIVE PERSONALITY PRINCIPLE Under this principle, the jurisdiction is based on the nationality of the victim of a crime . 3. NATIONALITY PRINCIPLE The prescription of rules for nationals, wherever they are. If a State is responsible for the safety and well being of its citizens abroad, then it also have jurisdiction over them when they do some harm to the state they have made their allegiance to. 4. PROTECTIVE PRINCIPLE It applies to situations where s tate's security, territorial integrity, or political independence is threatened (National Security) . In US v. Pizzarusso (2 nd Circuit Court, 1968). 5. UNIVERSALITY PRINCIPLE It applies to criminal (not civil, at least yet) cases where a heinous crime against humanity is committed (Genocide, mass killing, slave trafficking, etc.).
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This is invoked usually when other jurisdictional principles fail (e.g., piracy that often took place in high seas). EXTRADITION
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Lecture 2-25-08 - EXTRATERRITORIAL JURISDICTION (chapter 5)...

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