Jurisdiction

Question 1

List the type of jurisdiction

Answer 1

-Prescribe
-Adjudicate
-Enforce

Question 2

Describe the jurisdiction to prescribe

Answer 2

-make laws, create rights + obligations + prohibitions +punishments

Question 3

Describe the jurisdiction to adjudicate

Answer 3

-deal with them cases

Question 4

Describe the facts of the Lotus Case

Answer 4

• collision because Lotus(frenchie) and BK (turkish)
  -Turkish takes jurisdicition and sentences frenchie to 80 days of imprisonment

Question 5

What were the main questions of law in the Lotus case?

Answer 5

• Can Turkey exercise jurisdiction over the french national?

Question 6

Explain soverignty

Answer 6

-can do whatsoever unless theres an international obligation–> there was not in this case

Question 7

What are immunities

Answer 7

-exceptions
-from jurisdiction

Question 8

What are the sources of the law of immunities?

Answer 8

-Customary International Law (States, big shot officials) ** ask ab out this
-Treaties(diplomatic immunities)

Question 9

What are the subparts of the territoriality principles

Answer 9

-objective
-subjective

Question 10

What are the subparts of the nationality principle

Answer 10

-Active
-Passive

Question 11

Explain subjective territoriality

Question 12

Explain objective territoriality

Question 13

Explain active nationality principle

Answer 13

State citizens (regardless of where there are) are subjected to their home state’s jurisdiction

Question 14

Explain the passive nationality principle

Question 15

Explain the protective principle

Answer 15

A State may extend its jurisdiction over matters with harmful effects regardless of where the act occurs or who commits it.
It requires a genuine threat to a vital State interest.

Question 16

Explain the principle of universal jurisdiction

Answer 16

Some offenses are so serious that any State may claim jurisdiction over them, irrespective of where they have been committed, by whom, and who have been the victims

Question 17

Explain to what extent states enjoy immunity

Answer 17

only for sovereign acts -jure imperri

Question 18

What are the types of states actions under jurisdiction theory?

Answer 18

-jure imperii (sovereign acts)
-jure gestionis (non-soverien acts)

Question 19

Explain what jure imperii is

Answer 19

sovereign acts

Question 20

Explain what jure gestionis is

Answer 20

-non-sovereign acts

Question 21

how does one determine waht a jure gestionis is

Answer 21

-private individual test

Question 22

how does one determine what a jure imperii is?

Answer 22

-can’t be performed by an individual

Question 23

Where can one find the definition of a commercial act?

Answer 23

Art. 2 (1)(c) UN Convention on Jurisdictional Immunities

Question 24

Where can one find where it is outlined where the States cannot invoke immunity

Answer 24

-Art 10-17 UN Conventional on Jurisdictional Immunities

Question 25

What were the facts of the case of the ICJ Jurisdictional Immunities of the State (Germany v. Italy)

Answer 25

-germany want immunity for atrocities commited in WW2

Question 26

Explain the judgement of the ICJ Jurisdictional Immunities of the State case

Answer 26

• Germany no S. Immunity for attrocities in WW2
  -Actions of armed forces jure imperii
  -covered by immunity

Question 27

Which judgement contains rules on immunities of high ranking officials?

Answer 27

-As an extension of State immunities, some high-ranking officials of
a State enjoy personal immunity from jurisdiction of other States
* ICJ, Arrest Warrant Case, para. 51: “[…] certain holders of highranking office in a State, such as the Head of State, Head of
Government and Minister for Foreign Affairs, enjoy immunities
from jurisdiction in other States, both civil and criminal.”
Para. 53: “the immunities […] are not granted for [officials’] personal
benefit, but to ensure the effective performance of their functions
on behalf of their respective States
-NOT FOR PERSONAL ACTIVITIES JUST STATE RELATED