Territoriality principle

Territoriality principle

The territoriality principle gives legal authority for a state to exercise jurisdiction in a case, due to location of the crime. This principle also bars states from exercising jurisdiction beyond its borders, though with some possible exceptions including the principle of nationality, passive personality principle, the protective principle, and possibly the universal jurisdiction in extreme cases of human rights violations. [cite journal |title=Recent Book on International Law: Book Review - Universal Jurisdiction: International and Municipal Legal Perspectives |author=Randall, Kenneth C. |journal=American Journal of International Law |month=July | year=2004]

The "Lotus" case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence, even though the incident happened beyond Turkey's boundaries.cite book |title=Principles of International Law |author=Murphy, Sean D. |publisher=Thomson West |year=2006 |id=ISBN 0314163166] This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens.

Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization and the Internet. The applicability of this principle also was in question, with the case against Augusto Pinochet and other cases of transnational justice. [cite journal |title=The perils of Pinochet: problems for transitional justice and a supranational governance solution; international criminal justice and amnesty; Augusto Pinochet and Fidel Castro |journal=Denver Journal of International Law and Policy |date=March 22, 2000 |author=Perez, Antonio F.]

vs. Personality principle, which is: The basis on which it is stated that Law is Law according to legal rules from where one comes from. (Laws practiced according to tribe of origin)

References


Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Bateman's principle — In biology, Bateman s principle is the theory that females almost always invest more energy into producing offspring than males, and therefore in most species females are a limiting resource over which the other sex will compete.… …   Wikipedia

  • Municipalities with language facilities — The municipalities with language facilities in Belgium, shaded darker. All of the German area has language facilities. The municipalities with language facilities, occasionally called municipalities with linguistic facilities or shortly… …   Wikipedia

  • Language legislation in Belgium — This article describes the history of the laws on the use of official languages in Belgium.1830: freedom of languages and linguistic coercionOne of the causes of the Belgian Revolution of the 1830s was the emancipation of the Dutch language in… …   Wikipedia

  • Frenchification of Brussels — Since the founding of the Kingdom of Belgium in 1830, Brussels has transformed from being almost entirely Dutch speaking, to being a multilingual city with French as the majority language and lingua franca. This language shift, the… …   Wikipedia

  • laws, conflict of — Opposition or contradiction in the applicable laws of different states or jurisdictions regarding the rights of the parties in a case. Rules have been created to help determine which set of laws is applicable in a given case, which judicial… …   Universalium

  • Social behaviour in animals — Introduction       actions of animals living in communities. Such behaviour may include the feeding of the young, the building of shelters, or the guarding of territory. General characteristics       Social behaviour (Social behaviour in animals) …   Universalium

  • conflict of laws — 1. dissimilarity or discrepancy between the laws of different legal orders, such as states or nations, with regard to the applicable legal rules and principles in a matter that each legal order wishes to regulate. 2. Also called private… …   Universalium

  • Northern Canada — Northern Canada, defined politically to comprise (from west to east) Yukon, Northwest Territories, and Nunavut. Northern Canada, colloquially the North, is the vast northernmost region of Canada variously defined by geography and politics.… …   Wikipedia

  • The Lexington Principles on the Rights of Detainees — Infobox document document name = Draft Lexington Principles on the Rights of Detainees date created = September 25, 2008 location of document = Lexington, Virginia, U.S.A. writer = The Lexington Principles Project, Transnational Law Institute,… …   Wikipedia

  • Dmitri Bondarenko — Born June 9, 1968 …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”