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Government 1740. INTERNATIONAL LAW Summer 2006. Lecture 7: Jurisdiction and Immunity. OUTLINE. I. The general issue II. Types of jurisdiction A. Territorial B. Personal C. Universal III. Jurisdictional controversies A. Extraterritorial US sanctions - PowerPoint PPT PresentationTRANSCRIPT
Government 1740Government 1740
Lecture 7: Jurisdiction and
Immunity
INTERNATIONAL LAWINTERNATIONAL LAW Summer 2006
OUTLINEOUTLINEI. The general issue
II. Types of jurisdiction
A. Territorial
B. Personal
C. Universal
III. Jurisdictional controversies
A. Extraterritorial US sanctions
B. Extralegal apprehension
IV. Immunity
I. The General IssueI. The General IssueWho has authority…
to apply law?
to enforce law?
to adjudicate law?
Sources of law on Sources of law on JurisdictionJurisdiction
Domestic Courts
Foreign Courts
State Practices
Treaties
Types of JurisdictionTypes of Jurisdiction
Territorial Jurisdiction
Personal Jurisdiction
Universal Jurisdiction
Territorial JurisdictionTerritorial Jurisdiction
Most clearly conceded by international law Essential to sovereignty Presence, not necessarily residence Transient jurisdiction: “Fleeting visits” can
establish jurisdiction
American Banana v. American Banana v. United Fruit (1909)United Fruit (1909)
•U.S. Supreme Court
•Sherman Act
•No jurisdiction: outside the territorial jurisdiction of U.S.
Jurisdiction extends to theJurisdiction extends to theTerritorial SeaTerritorial Sea
Over the Top (1925)Over the Top (1925) U.S. claimed it could
enforce tariff law beyond its territorial sea
Tariff Act of 1922
British Schooner stopped near Block Island, RI
U.S. District Court: no jurisdiction
The Lotus Case (1927)The Lotus Case (1927)Decided by the PCIJ
French mail steamer (Lotus) collided with Turkish coal ship, which sank
Subjective Territoriality Rule: Effects on “Turkey”
Turkey awarded jurisdiction
““Effects” Arguments:Effects” Arguments:Forces set in motion outside the territory of a
state but having an injurious effect within it should be within the jurisdiction of the harmed states
Examples in treaty law:– Geneva Convention for the Suppression of
Counterfeiting Currency (1929)– Geneva Convention for the Suppression of
Illicit Drug Traffic (1936)
US v. The Aluminum US v. The Aluminum Company of America Company of America
(1945)(1945)
Alcoa & foreign cartelU.S. claimed violations of the Sherman Act with
effects in the USUS Court Accepted jurisdiction Held: violation of Sherman Act
Personal (National) Personal (National) JurisdictionJurisdiction
States have authority over own nationals
What are the standards of nationality?– birth within a country's territory– nationality of parents– nationality of spouse– acceptance of public office– permanence residence.
ExtraditionExtradition
When a foreign state chooses to submit an individual to the jurisdiction of the home state or allow the home state to perform official acts within its own territory
Example: U.S.-U.K. Extradition Treaty (1972)
Universal JurisdictionUniversal Jurisdiction
Defendant’s conduct sufficiently heinous as to violate the laws of all states
Conduct in question can be started and completed anywhere
All states may prosecute
Augusto Pinochet
The Pros and Cons of The Pros and Cons of Universal JurisdictionUniversal Jurisdiction
Pros?– The possibility of universal justice
Cons?– Weak controls over filing suits?– Politicization (of claims and shutting them down)
III. III. Jurisdictional Jurisdictional Controversies:Controversies:
Extraterritorial applications of US law– Export Administration Act (expired)– International Emergency Economic Powers Act– Helms Burton Act
Extralegal extraterritorial apprehension– The Eichmann Case– US v. Alvarez-Machain (1992)
Adolf Eichmann CaseAdolf Eichmann Case
US v. Alvarez-MachainUS v. Alvarez-MachainAbduction of accused torturer of a US Drug Enforcement Agent
from Mexico to Texas
V. Immunity:V. Immunity: Foreign states and heads Foreign states and heads
of stateof state Rationale
Exceptions
US Statutes
Waiver
Diplomatic Representatives Diplomatic Representatives and Consulsand Consuls
Free to perform official business
Not to be harassed, interfered with, or disturbed by local law
Vienna Convention on Diplomatic Relations (1961).
The Iranian Hostage Crisis The Iranian Hostage Crisis 1979-19801979-1980
Barry Rosen and Abbas Abdi, Paris 1998
American Diplomats as Hostages, Iran 1979
Other ImmunitiesOther Immunities
Public ships of foreign states
Foreign armed forces
Summary:Summary: Jurisdiction means legal authority Territorial and national jurisdiction are widely accepted
principles; “effects” much less so. US has also engaged in highly controversial efforts to
extend its laws to foreign enterprises The concept of universal jurisdiction has developed to
deal with cases involving particularly heinous crimes. Extradition Treaties are a way for states to coordinate
jurisdictional claims. Examples of other controversial methods to gain
jurisdiction: extra-legal apprehension Immunity from prosecution in national courts applies to
state representatives acting in their official capacity.