LAWS259 Lecture Notes - Lecture 6: Original Intent, Alien Tort Statute, Exclusive Economic Zone
Document Summary
The sovereignty of states represents the basic constitutional doctrine of the law of nations, which governs a community consisting primarily of states having, in principle, a uniform legal responsibility. If international law exists, then the dynamics of state sovereignty can be expressed in terms of law. Some uses of sovereignty" (a) the competence of states. A corollary of their independence is the equality of states, historically expressed by the maxim par in parem non havet imperium basis of state immunity. The interaction of states with international law (a) sovereignty and the application of rules. Presumptions and burdens (b) sovereignty and international organisations (c) article 2(7) of the un charter: domestic jurisdiction. Jurisdiction is an aspect of sovereignty: it refers to a state"s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive and judicial. Prescriptive jurisdictions over crimes (a) general bases of jurisdiction.