PUBLIC INTERNATIONAL LAW I Dersi State Jurisdiction soru detayı:
SORU:
Briefly describe the concept and principle of state
jurisdiction.
CEVAP:
The state jurisdiction signifies the power of a state to exercise control over persons, property, acts, and events under its national law. It includes the power to prescribe (prescriptive jurisdiction) and enforce (enforcement jurisdiction) as well as legislative, executive, and judicial rules. It may be civil and criminal, it may be concurrent with other states or it may be exclusive. “Jurisdiction” also connotes the competence of the court of law to try a particular dispute. As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extra-territorial jurisdiction. However, states generally do not exercise jurisdiction over acts with which they have absolutely no concern. The main principle to exercise jurisdiction, particularly in criminal matters, is that there should be a “substantial connection” between the alleged offender or the offence and the state exercising jurisdiction.