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4 - The principle of jurisdiction

Published online by Cambridge University Press:  22 September 2009

Michael Byers
Affiliation:
Duke University, North Carolina
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Summary

Jurisdiction may be defined generally as the authority to engage in activities of control or regulation within a certain geographic area. In international law, jurisdiction appears always to be linked to territory in some way. It is a defining characteristic of statehood and an important point of State interaction. As Huber explained in his judgment as sole arbitrator in the 1928 Island of Palmas Case:

The development of the national organisation of States during the last few centuries and, as a corollary, the development of international law, have established this principle of the exclusive competence of the State in regard to its own territory in such a way as to make it the point of departure in settling most questions that concern international relations.

More recently,Higgins has commented:

There is no more important way to avoid conflict than by providing clear norms as to which state can exercise authority over whom, and in what circumstances. Without that allocation of competences, all is rancour and chaos.

Initially, it might appear that jurisdiction is not so much a principle of international law which may qualify applications of power, as a principle which recognises, and is therefore dependent on, applications of power that result from the absolute control that each State has over its own territory.

Type
Chapter
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Custom, Power and the Power of Rules
International Relations and Customary International Law
, pp. 53 - 74
Publisher: Cambridge University Press
Print publication year: 1999

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  • The principle of jurisdiction
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.006
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  • The principle of jurisdiction
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The principle of jurisdiction
  • Michael Byers, Duke University, North Carolina
  • Book: Custom, Power and the Power of Rules
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511491269.006
Available formats
×