- 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 theprinciple of nationality ,passive personality principle , theprotective principle , and possibly theuniversal jurisdiction in extreme cases ofhuman 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 forcriminal 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 theInternet . The applicability of this principle also was in question, with the case againstAugusto 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
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