Jurisdiction

By: Alternix

Jurisdiction in International Law

International laws and treaties provide agreements between nations
Extraterritorial jurisdiction is exercised through principles outlined in the UN charter
The Lotus case establishes rules for the prescription and enforcement of jurisdiction
States have discretion to prescribe jurisdiction within their own territory
Jurisdiction is based on territorial sovereignty and non-intervention

Supranational organizations provide mechanisms for resolving disputes between nations
Recognition as a de jure nation acknowledges sovereignty and the right to exist
Nations have the discretion to cooperate or participate in supranational bodies
Power ceded to supranational bodies represents their own jurisdiction
Enforcement of judgments and treaties within national boundaries is a political matter

Coordinating activities between international and national courts can be challenging
Concurrent jurisdiction can lead to difficulties in resolving disputes
The principle of complementarity avoids conflicts between international and national courts
Universal jurisdiction is fundamental to global organizations like the United Nations and ICJ
Acceptance of prospective judgments is necessary to invoke jurisdiction before the ICJ

Implementation of treaties is left to each nation
Some nations allow direct incorporation of international law into municipal law
Two theories justify the incorporation of international law into municipal law: monism and dualism
In the Netherlands, treaties and orders of international organizations are automatically considered part of their constitution
Citizens in nations with direct effect or legislation can enforce rights granted under international law

Regional organizations like the European Union and African Union have jurisdictional relationships between member states
Harmonization of legislative and judicial functions is sought within regional organizations
Transnational institutions like the European Court of Justice have jurisdiction on issues of European law
The authority of transnational institutions can be denied by member nations asserting sovereignty
The political barriers to unification within regional organizations can be difficult to overcome.

Reference	URL
Glossary	https://www.alternix.com/blogs/glossary-of-terms/jurisdiction
Wikipedia	http://en.wikipedia.org/wiki/Jurisdiction
Wikidata	https://www.wikidata.org/wiki/Q471855
Knowledge Graph	https://www.google.com/search?kgmid=/m/045sy