This is an extract of our State Jurisdiction To Pass And Enforce Its Municipal Law document, which we sell as part of our International Law Notes collection written by the top tier of Monash University students.
The following is a more accessble plain text extract of the PDF sample above, taken from our International Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
State jurisdiction to pass and enforce its municipal law State jurisdiction is the judicial, legislative and administrative competence of a state under international law to govern persons and property.This relates to the power of states to enforce their own municipal law.There is no distinction in IL between civil and criminal jurisdiction.
Prescriptive jurisdiction Prescriptive jurisdiction is the capacity of a state to define/assert its municipal law in respect of any issue. This jurisdiction is unlimited, subject to international law to which the state has consented.
Enforcement jurisdiction Enforcement jurisdiction is the capacity of a state to enforce compliance with its municipal law. A positive basis for enforcement jurisdiction must be shown. Here, it is likely that [state]
may argue that it can enforce its laws based on [in general order of hierarchy]:Territorial jurisdictionNationality jurisdictionThe protective principle/effects doctrinePassive personality jurisdictionUniversal jurisdiction.
Territorial jurisdiction A state may exercise jurisdiction over all activities occurring within its own territory (limited only by IL such as state and diplomatic immunity).Territory includes land, dependent external territories, airspace, ships and aircraft registered in the state, the territorial sea, and (for defined purposes) the contiguous zone, exclusive economic zone and the continental shelf.Territorial sovereignty extends to 12 nautical miles (UNCLOS and customary law), and sovereign rights for specified purposes extend to up to 200 nautical miles in an exclusive economic zone (UNCLOS).
Enforcement in the territory of another A state has presumptive enforcement jurisdiction in its own territory, but may not enforce its law in the territory of another state without its consent (eg, SC declared Israel violated Argentinian sovereignty by abducting Eichmann).States may exercise jurisdiction in the territory of another for specified purposes when a co
operative jurisdictional arrangement has been negotiated.
Concurrent territorial jurisdiction
Buy the full version of these notes or essay plans and more in our International Law Notes.