LAWS 2601 Chapter Notes - Chapter 12: Alien Tort Statute, Jus Sanguinis, Jus Soli
7 Dec 2017
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Concerns the power of the state under international law to regulate or otherwise impact upon people, property and circumstances and reflect the basic principles of state sovereignty, equality of states and non-interference in domestic affairs. (469) This duty of non- intervention within the domestic jurisdiction of states provides for the shielding of certain state activities from regulation of international law. The expanding scope of the un concern has succeeded in further limiting the extent of the doctrine of domestic jurisdiction. Legislative jurisdiction refers to the supremacy of the constitutionally recognised organs of the state to make binding laws within a territory. (legislative exclusivity) Executive jurisdiction relates to the capacity of the state to act within the borders of another state. Judicial jurisdiction concerns the power of the courts of a particular country to try cases in which foreign factor is present.
