International Law

Flashcards on International Law topics: Relationship between National and International Law & State Jurisdiction.

Monism

A single legal system under the supremacy of international law.

Dualism

Two separate legal orders.

International Law’s Impact on National Law

International law asserts primacy, conditions national law, is primarily enforced nationally, and has many uncertainties resolved nationally.

The Impact of International Criminal Law

Requires national assumption of criminal jurisdiction, defines certain offenses, and often requires domestic legislative measures to prohibit offenses.

Customary International Law & Domestic Law

National legal systems accept international customary law as a part of national law.

Jurisdiction

The limits of the legal competence of a state or other regulatory authority to make, apply, and enforce rules of conduct on persons.

Prescriptive Jurisdiction

The power to enact and assert law; principles include territoriality, nationality, universality, protection, passive personality.

Enforcement Jurisdiction

The power to ensure compliance.

The Lotus Case (1927)

Established the Lotus Principle regarding the limits of a state's power in the territory of another state.

The Territorial Principle

The right of a state to prescribe laws and impose them on everyone within its territory.

The Nationality Principle

States have the right to extend the application of their laws to citizens abroad.

The Protective Principle

Exercising jurisdiction when vital interests are at stake.

The Universal Principle

Regarding crimes where every state has a legitimate interest.

Extradition

Handing over an individual to another jurisdiction for criminal prosecution.