Jurisdiction in International Law

Flashcards covering key concepts in jurisdiction pertaining to International Law, facilitating review and recall for exam preparation.

Jurisdiction to Prescribe

The authority of a state to create laws and regulations that apply to various situations, regardless of where those situations occur.

Jurisdiction to Enforce

The authority of a state to enforce its laws and regulations, applicable only within its own territory.

Sovereign Immunity

The principle that a state cannot be sued in the courts of another state without its consent.

Head of State Immunity

Legal immunity granted to a head of state for actions carried out in their official capacity, insulating them from prosecution.

Diplomatic Immunity

The immunity enjoyed by diplomats, protecting them from legal action in the host country.

Territorial Jurisdiction

Jurisdiction based on the location of the crime or act, applying the laws of the state where the act took place.

Nationality Jurisdiction

The jurisdiction under which a state can judge its nationals regardless of where they are in the world.

Protective Jurisdiction

Jurisdiction exercised by a state to protect its national security, allowing it to act against extraterritorial acts it deems harmful.

Universal Jurisdiction

A controversial principle allowing states to claim jurisdiction over serious crimes like genocide or crimes against humanity regardless of where they were committed or the nationality of the perpetrators.

Passive Personality Jurisdiction

The jurisdiction that allows a state to prosecute foreigners for crimes committed outside its territory if those crimes affect its nationals.

Jurisdiction to Prescribe

The authority of a state to create laws and regulations that apply to various situations, regardless of where those situations occur.

Jurisdiction to Enforce

The authority of a state to enforce its laws and regulations, applicable only within its own territory.

Sovereign Immunity

The principle that a state cannot be sued in the courts of another state without its consent.

Head of State Immunity

Legal immunity granted to a head of state for actions carried out in their official capacity, insulating them from prosecution.

Diplomatic Immunity

The immunity enjoyed by diplomats, protecting them from legal action in the host country.

Territorial Jurisdiction

Jurisdiction based on the location of the crime or act, applying the laws of the state where the act took place.

Nationality Jurisdiction

The jurisdiction under which a state can judge its nationals regardless of where they are in the world.

Protective Jurisdiction

Jurisdiction exercised by a state to protect its national security, allowing it to act against extraterritorial acts it deems harmful.

Universal Jurisdiction

A controversial principle allowing states to claim jurisdiction over serious crimes like genocide or crimes against humanity regardless of where they were committed or the nationality of the perpetrators.

Passive Personality Jurisdiction

The jurisdiction that allows a state to prosecute foreigners for crimes committed outside its territory if those crimes affect its nationals.

Extradition

The formal process where one state surrenders a person to another state for prosecution or punishment for crimes committed in the requesting state's jurisdiction.

Asylum

Protection granted by a state to individuals in another country, preventing their return due to a danger of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

International Law

The set of rules generally regarded and accepted as binding in relations between states and between nations, covering aspects like trade, human rights, and war.

Customary International Law

International obligations arising from established state practice, recognized as legally binding, even if not codified in written treaties.

Treaty

A formal and legally binding agreement between two or more sovereign states, often requiring ratification by each state's legislative body.

Statute of Limitations

A law that sets the maximum time period during which legal proceedings may be initiated, affecting various types of civil and criminal cases.