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PUBLIC INTERNATIONAL LAW PERSPECTIVE: STATE JURISDICATION
State jurisdiction is the capacity that the state under international law that prescribes all rules of every law that enforce the prescribed rules of law and justice.
State jurisdiction that also means that a state court is the right to make a legally binding decision that affects the parties involved in all the case.
It is derived from state sovereignty and constitutes its vital. It is the authority of a state over persons' features. It is the authority of a state over persons, property, and events that are primarily within its territories.
Scope and extent of state jurisdiction
State jurisdiction may extend beyond its territory over persons and things which have a national link. There are grounds or principles upon which the state can assert its jurisdiction whining and beyond its boundaries.
As there are certain persons property and events within a state territory which are protected from their jurisdiction.
TYPES OF STATE JURISDICTION
Legislative jurisdiction
Legislative Jurisdiction the capacity of state supremacy to make binding laws within its territory. It has legislative exclusivity in many areas. This supremacy is entrusted to constitutionality recognized organs.
Although legislation, is primarily enforceable within a state territory it can extend beyond its territory in certain circumstances.
International law, for example, accepts that a state may always taxes against persons not within its territory as long there is a real link between the state and the proposed taxpayer whether it is nationality or domicile.
Th legislative supremacy of a state within its territory is well established in international law. However, this supremacy I will be challenged in cases where a state adopts laws that are contrary to the rules of international law. In such cases, a state will be liable for a breach of international law. A state may also be liable for breach of international law if it abuses its rights to legislate for opts national abroad.
EXECUTIVE JURISDICTION
It is the capacity of the state to act and enforce its laws within its territory. Generally, since states are independent of each other and possess territorial sovereignty, they have no authority. No state has the authority to infringe on the territorial sovereignty of another state. In this sense a state cannot enforce its laws upon foreign territory without the consent of the host state, otherwise, it will be liable for breach of international law.
JUDICIAL JURISDICTION
It is the capacity of the courts of a state to try legal cases. A state has an exclusive authority to create courts and assign their jurisdictions and to lay down the procedures t be followed however, in doing a procedure to be followed. However, in doing so it cannot by any means to alter the way in which foreign courts operate.
There is no. of principles upon which the courts of the state to try legal cases. A state has an exclusive authority to crate courts an assign their jurisdiction and to lay don the procedures to be followed. However, in doing so it cannot by any means alter the way in which foreign court operates.
There is a number of principles upon which the courts of state can claim jurisdiction. In civil matters, the principles range from the mere presence of the defendant in the territory and domicile principles. In criminal matters, they range from the territorial principles to university principles.
PRINCIPLES JURISDICTION
Generally, the exercises of civil jurisdiction by courts of a state have been claimed upon or wider grounds than has been the case in criminal matters.
THE TERRITORIAL PRINCIPLES
The principle is derived from the concept of state sovereignty. It means that the state has the primary jurisdiction over all events taking place in its territory regardless of the nationality of the person responsible. It is the dominant ground of jurisdiction in international law. All other states must respect the supremacy of the state to its territory and consequently must not interfere in its internal affair or its territorial jurisdiction.
The territorial jurisdiction of the state extends over its land its national airspace its international waters its territorial water its territorial sea, its national aircraft, and national vessels.
It compasses not only crimes that have an effect within its territory. In such a case concurrent jurisdiction occurs, a subjective concurrent jurisdiction may be exercised by the state in whose territory the crime by the taste in whose territory the crime was committed and an objective territorial jurisdiction may be exercised by the state in whose territory the crime had its effect.
THE NATIONALITY PRINCIPLES
The nationality principle implies that a state jurisdiction extends to its nationals and actions they take beyond its territory. It is based upon the nation that link between the state and its nationals is the personal one independent of location.
Criminal jurisdiction based on the nationality principle is universally expected use of it the common law countries use it with respect to major crimes such as murder and reason.
The common law countries however do not challenge the extensive use of this principle in other countries.
- A state may prosecute its nationals for crimes committed anywhere in the world, the ground of this jurisdiction is known as nationality principle.
- The last principle has been viewed as a much weaker than the terrestrial or the active or nationality principle as a basis for jurisdiction. It has been considered as a secondary basis for jurisdiction and a matter of considerable controversy among states.
- However, in recent years this principle has come to be much acceptable by the international community in the sphere of terrorist and other internationality condemned crimes.
THE PROTECTIVE PRINCIPLE
The protective principle implies that a state may exercise jurisdiction over an alien who commits an act outside its territory, which is deemed prejudicial to its security and interest. It is universally accepted although there are uncertainties as to its practical extent particularly as regards to the acts which may come within its domain. It is unjustified on the basis of protection pf the sate’s vital interest particularly when the alien commits an offense prejudicial to the state which is not punishable under the law of the country where he resides and extradition is refused. Although the protective principle is used s a narrower sense than the territorial or the nationality principle, it can easily be abused particularly in the order to undermine the jurisdiction of the other states.
In the practice, however, the principle is applied in those cases where the acts of the person which takes place abroad constitute crimes against the sovereignty of the state such as plots to overthrow a govt. treason, forgoing of currency, economic crimes, and breakings immigration laws and regulations. This principle is often used in treaties providing for the multiple jurisdictional grounds with regard to specific crimes such as the 1979 convention and the 1970 Hague Aircraft Hijacking Convention.
PASSIVE PERSONALITY PRINCIPLE
This is a situation where the accused will be prosecuted in the country of the nationality of the victim.
THE UNIVERSITY PRINCIPLE
The universality principle in its broad sense implies that a state can claim jurisdiction over certain crimes committed by any person anywhere in the world, without any required connection to territory nationality or special interest.
Before the 2nd world war, such survival jurisdictional has been considered contrary to international law by the common law countries and crimes against the international community as a whole such as piracy and slave trade.
After the second world war, universal jurisdictional has been universally recognized over certain acts considered as international rimes. International crimes are those community as a whole or in violation of human rights and terrorism have been added to the list of international crimes. Currently, under the universality principle, each and every state has jurisdictional any of the international crimes committed by anyone anywhere.
