1. LAW 221: INTERNATIONAL LAW
Dr. Başak Çalı

2. Outline Jurisdiction cc’ed.
Introduction to the international law of state immunity
Outline

3. What happens when more than one state asserts territorial jurisdiction over a crime/delict or when a state asserts territorial jurisdiction and another state asserts jurisdiction on other grounds? What happens when noone claims jurisdicition? What happens when more than one state asserts jurisdiction over the same territory? What happens when one’s claim to territorial jurisdiction harms the interests or jurisdictional claims of another state?
IL Questions

4. Absence of jurisdiction claims
Practice of amnesties or lack of a definition of a crime
No jurisdicition: Common argument in times of armed conflict and in post conflict situations
Absence of jurisdiction claims

5. Conflicting territorial jurisdictional claims
Pre-1945: Continious (historical) and peaceful display of authority doctrine up until a critical date test (Palmas case Netherlands v. UK 1928)
UNCLOS: has clauses re: conflicting claims, i.e. ability to assert jurisdiction on islands/artifical within EEZ
Post 1945: UN Charter Article 2(4): No state can assert jurisdiction by use of force
Conflicting territorial jurisdictional claims

6. Extra territorial effects of territorial jurisdiction
A common problem in International Trade Law
US Tuna II (Mexico) WTO Appellate Body 2012
Territorial jurisdiction harmful to trade interests of other states: WTO disputes

7. Maritime Jurisdiction
Contagious Zone ( 12 miles plus 12 miles) – note Turkey’s objection: for customs, sanitary, fiscal and immigration purposes
Continental shelf (post 1945 Truman proclamation) – jurisdiction over sea bed.
Exclusive Economic Zone (200 nautical miles- UNLCOS creation): jurisdiction over natural resources, including fish, oil gas, and gravel.
Maritime Jurisdiction

8. Maritime Jurisdiction

9. Collusion between the French Ship Lotus and the Turkish Ship Bozkurt in the high seas. Eight nationals on board the Turkish vessel are killed. Captains of both ships were charged with manslaughter by Turkish Courts France protested arguing that Turkey had no jurisdiction to try the French Captain.
Lotus-Bozkurt case- 1927

10. Lotus reasoning France has jurisdiction on the French vessel.
Turkey has jurisdiction on the Turkish vessel.
There is no rule that explicitly states who has jurisdiciton.
When the collusion took place, the crime was committed in the Turkish vessel (i.e. territory).
Presumption of territorial jurisdiction, therefore, Turkey has not violated international law by asserting jurisdiction.
Lotus reasoning

11. Italian marines case

12. Universal jurisdiction
States as agents of the common conscience of mankind
Complementary to other grounds of jurisdiction.
It is desirable that crimes for which the jurisdicition is exercised have international status: otherwise it can be manipulative.
International crimes under the ICC Statute: War crimes, crimes against humanity, genocide
Other crimes where states claim universal jurisdiction: piracy, airplane hijacking, torture.
Universal jurisdiction

13. Pros and Cons of universal jurisdicition
It can help fight impunity of criminals
It can lead to similar ways of understanding crimes amongst nations
It can help some states to revise their own criminal justice systems
It can help fight crime and deter criminals
It can be used for political reasons
It can destablise the sovereign equality of states
It can lead to worsening of bilateral relations between states
Pros and Cons of universal jurisdicition