Jurisdiction and Sovereignty

Sovereignty has been defined by Judge Alvarez as: “… the whole body of rights and attributes which a State possesses in its territory, to the exclusion of all other States, and also in its relations with other States. Sovereignty confers rights upon States and imposes obligations on them.” Corfu Channel Case (The United Kingdom v. Albania) Individual Opinion by Judge Alvarez

Jurisdiction and Sovereignty  Sovereignty can be also described as the exclusive authority of a State to make rules and norms that apply throughout its territory and govern all persons within its borders. Sovereignty implies that States are equal among themselves. Each State is sovereign and equal. The sovereign rights of each State are limited by equally sovereign right of other States.

Jurisdiction and Sovereignty:The meaning of jurisdiction  Jurisdiction is a domain for making and enforcing rules over places and the activities of persons  Types of jurisdiction - legislative jurisdiction - executive jurisdiction - judicial jurisdiction: civil, criminal

Jurisdiction and Sovereignty  domestic jurisdiction and non- intervention into domestic affairs: Eichmann, Entebe, Rainbow Warrior, Panama  jurisdiction and territory  the concept of extra-territorial jurisdiction: Lotus, Helms-Burton

Territorial Jurisdiction  Acquisition of territorial sovereignty a/ occupation; b/ prescription; c/ accretion and avulsion; d/ cession; e/ conquest; f/ judicial decisions?

Territorial Jurisdiction  Components of state territorial jurisdiction: o Land territory o Sea territory Internal waters Territorial sea Sovereign rights over the Contiguous Zone, the Continental Shelf and the EEZ o Airspace

Territorial Jurisdiction  Areas outside state territorial jurisdiction  Outer Space  The Antarctic  Arctic  High Seas

Jurisdiction Over Persons  Nationality o The concept of nationality (the legal identification of a person with a state) o Acquisition of nationality By birth  Jus soli (law of the soil)  Jus sanguinis (law of blood) Naturalisation o Dual nationality

Jurisdiction Over Persons  Aliens o Expulsion of aliens o Deportation of aliens o Expropriation of aliens  Sovereign immunity o Absolute immunity o Restrictive immunity o Act of State Doctrine o Foreign sovereigns

Jurisdiction Over Persons  Criminal jurisdiction a/ territorial principle: subjective territorial principle and objective territorial principle b/ nationality principle: active and passive c/ protective principle d/ universality principle: the concept of international crimes, International Criminal Court

Jurisdiction and Sovereignty  Conflict of jurisdiction  Extradition a/ the concept of extradition; b/ conditions: dual criminality, no extradition of own nationals, no extradition of political criminals; c/ cases: Lockerbie, Pinochet, Ocalan