POL340Y1 Lecture Notes - Lecture 8: Jus Sanguinis, Jus Soli, Peremptory Norm
6 Mar 2018
School
Department
Course
Professor
Document Summary
When thinking about potential fact situation identify a facto situation as one potent norms) Then ask yourself if there is a customary international law in place to answer this que (principle and scholarly writings unlikely to be relied upon on their own. Where a state has the ability to enforce its laws. Ex: canadian murdered in france canada can try the accused murderer in canada. Two pre-requisites: 1) person has to get to canada. 2) has to be a proven link be. Canada has to treat offence committed abroad as a crime must treat act on ter. Scope of (legitimate/lawful) state authority to regulate or control territory, persons, Enforcement: relates to ability of country to physically do/enforce something on an i. Prescriptive jurisdiction: is canada legitimately able to regulate the conduct of indivi power to make rules to regulate or prescribe conduct. The ability of a state to regulate conduct outside of its territory over people and e o.
