Chapter 10 Janis

Chapter 10 Janis - Janis textbook Chapter 10: International...

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Janis textbook Chapter 10: International Conflict of Laws Public Law—legal relations of states; concerns political interactions of the states private international law—law governing the foreign transactions of individuals and corporations; relate to legal aspects of international economy and conflicts and cooperation among national legal systems Principles of Jurisdiction —term jurisdiction, is usually taken to denote the legal power or competence of states to exercise governmental functions, make or apply laws o Exercise of different kinds of governmental functions is signaled by different adjectival references 1) the Territorial Principle: o international law knows several principles justifying a state’s assertion of jurisdiction— among these the principle of the territorial jurisdiction of states is probably the most important o stems from the more essential attributes of state sovereignty: a distinct and delineated territory, a known and loyal population, and a government capable of acting independently both at home and abroad T+P+G o modern international law and relations are often dated form the Peace of Westphalia of 1648—brought end to 30 Years’ War—determination of the European States territorial sovereignty and the jurisdiction of states, mot important since Westphalia o The Schooner Exchange—US Supreme Court affirmed the principle of “full and absolute territorial jurisdiction…of every sovereign” o American Banana Co v. United Fruit Company 1999—affirmed state jurisdiction, learn from Justice Holmes The classis US case imposing strict territorial limits on state jurisdiction; Justice refused to apply US Federal antitrust law to the allegedly monopolistic activities overseas of one US company injuring another in the US domestic market Principle of territorial jurisdiction has a place in both legal system—very meaning of sovereignty is that the decree of the sovereign makes law o Territoriality is seen as one of several foundations of jurisdiction o Extraterritorial Principle—to claim jurisdiction outside the territory of the state—any exercise of extraterritoriality jurisdiction overlaps the territorial jurisdiction of another state 2) The Nationality Principle: o most fundamental principle of extraterritoriality is nationality o a state’s laws may be applied extraterritorially to its citizens, individuals, or corporations, wherever they be may be found—thus a person or a company located or doing business in a foreign country may be subject not only to the territorial jurisdiction of the foreign state, but also to the jurisdiction of its national government o the United States Supreme Court in Blackmer v. United States provided that a state has jurisdiction with respect to “the activities, interests, status, or relations of its nationals outside as well as within its territory Supreme Court held in 1952 in Steele v. Bulova Watch Company, “Congress in
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Chapter 10 Janis - Janis textbook Chapter 10: International...

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