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The Bases of Adjudicative Jurisdiction - Coggle Diagram
The Bases of Adjudicative Jurisdiction
Territorial Principle
A state is free to legislate and enforce that legislation within its territory
A state can apply its legislation to any individual within its territory, which includes foreign nationals.
A state can apply it laws to ships its flag or aircraft registered with it and individuals on board.
However, a state can only exercise territorial principles on a ship flying its flag only when the ship is on the high seas.
Nationality Principle (Active/Passive)
The active nationality principle a state may prosecute its nationals for crimes committed outside its territorial boarders. Otherwise known as extra-territorial assertion of jurisdiction. (UK Terrorism Act 2006 & Bribery Act 2010)
The passive nationality principle a state can claim jurisdiction for the crimes committed aboard affecting it nationals. (US Diplomatic Security and Anti-Terrorism Act 1986)
Territorial Principle (Subjective/Objective)
Subjective territorial principle provides a jurisdictional basis for the recognition as having the power to adopt criminal laws that apply to crimes that physically committed within their territorial boarders.
Objective territorial principle provides a jurisdictional basis for the recognition as having the power the adopt a criminal law that applies to crimes that take effect within its boarders even if the perpetrator person the act outside out its boarders.
The Concept of Jurisdiction
The meaning of jurisdiction is the entitlement of a state to assert state authority in relation to individuals and things in its territory
It is an aspect of the sovereignty of states, in the principle of equality of states and non-interference in another state's domestic affairs.
Principle of Universality
The power of a state to exercise jurisdiction over certain crimes, whenever and by whomsoever they have been committed.
The requirements of territory, nationality or any other special state interest are not required.
International law enables states to exercise universal jurisdiction over certain acts which threaten the international community as a whole.
Protective Principle
A state may exercise its jurisdiction over a foreign national who commits an offence aboard which is prejudicial to that state's security.
Generally, acts like espionage, counterfeiting, and proxy interferences are covered under the protective principle.
The scope and application remain controversial and have very limited state practice.
Treaty-Based Extensions of Jurisdiction
In some cases, the multilateral treaty regimes specifically called for the exercise of universal jurisdiction by state parties.
Examples: Convention Against Torture 1984, Vienna Drugs Convention 1988 and Convention for the Suppression of Unlawful Seizure of Aircraft 1970
Nationality Principle
The nationality principle is one of the most widely recognised bases upon which states legitimately exercise prescriptive jurisdiction over conduct/crimes committed anywhere in the world.