TO THE ISSUE OF DEFINITION OF JURISDICTION AND ITS MAIN TYPES
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
The definition of the state’s jurisdiction is examined in the article. The approaches to its essence determination which exist in international law are also being analyzed. Under public international law, two approaches could logically be taken to the question of jurisdiction. Either one allows states to exercise jurisdiction as they see fit, unless there is a prohibitive rule to the contrary, or one prohibits states to exercise jurisdiction as they see fit, unless there is a permissive rule to the contrary. The first approach was taken by the Permanent Court of International Justice in the 1927 Lotus case. The second approach, which purportedly reflects customary international law, has been taken by the majority of the doctrine. Due to the use of the first approach during the research the author comes to the conclusion in accordance with which the following types of jurisdiction exist: to the field of application – territorial and extraterritorial, to the scope – full and limited. Territorial jurisdiction is realized by the state at full capacity among its boundaries. Any state realizes its jurisdiction at limited capacity (limited jurisdictional rights) over continental shelf, exclusive economic zone, contiguous zone. Extraterritoriality, in its turn, can be realized only in cases provided by international law on the territories of the other states or on the international territories.
Authors and Affiliations
K. V. Purinova
Keywords
Related Articles
- EP ID EP327511
- DOI -
- Views 60
- Downloads 0
LEGAL PROTECTION OF TRADEMARKS IN UKRAINE AND EU COUNTRIES (COMPARATIVE LEGAL ANALYSIS)
The article is devoted to the research of the peculiarities of the legal protection of trademarks, which are means of individualization of participants in civilian circulation, in accordance with the domestic legislation...
The possibility of compensation for the damage inflicted on the professional sportsman by an improperly rendered decision regarding him for using doping
The problem of using doping is so serious that every athlete and trainer who would like to make effective use of the pharmacological method of providing training process should have an idea of what is doping, doping cont...
CONTRACTUAL CIVIL LEGAL RESPONSIBILITY IN SURROGACY RELATIONSHIPS
The article deals with the analysis of a civil contract of surrogacy and bases offensive contractual liability in the case of non-fulfillment or improper fulfillment by the parties of this agreement the terms and conditi...
ORGANIZATIONAL AND LEGAL MECHANISM OF THE JUDICIAL IMMUNITY PRINCIPLE REALIZATION IN UKRAINE
On the modern stage of development of the democratic state it is extraordinarily actual to make a research on the topic of the judicial immunity principle realization in Ukraine. This aspect is conditioned by the circums...
ELECTRONIC MONEY AS FINANCIAL SERVICE
In the article the main approaches to definition of a concept and legal nature of electronic money are investigated. The question of legal regulation features of electronic money release and use in the European Union is...