3 State Jurisdiction

STATE JURISDICTION

State Jurisdiction: - State Jurisdiction, means that a state court has the right to make a legally binding decision that affects the parties involved in the case. 1. Territorial Jurisdiction: - Jurisdiction of a state over its territory is called territorial jurisdiction. State enjoys civil as well as criminal jurisdiction over all persons and things within the territory of the state. It extends to land within boundaries, internal waters, territorial sea, air-space above the land territory and sub-soil under-earth.  Limitations to Territorial Jurisdiction:There are exceptions to the rule of territorial Jurisdiction which are as follows. a. Diplomatic agents: - Diplomatic agents enjoy immunities from the civil and criminal jurisdiction of the receiving state. b. Embassies: - Embassies enjoy immunities from the civil and criminal jurisdiction of the receiving state. c. Foreign Sovereigns: - Foreign Sovereigns enjoy immunities from the civil and criminal jurisdiction of the receiving state. d. Properties of Foreign Sovereigns:- The property of foreign sovereigns are immune from territorial Jurisdiction. e. Foreign Armed forces: - If a crime has been committed by on foreign territory by a member of these forces, he will be immune from territorial jurisdiction. Punishment can be given by the home state. 2. Civil Jurisdiction:A state may apply Civil Jurisdiction in those cases where foreign element is involved. Aliens remain under two concurrent jurisdictions. The state in which they reside and the state to which they belong. The following are two exceptions. a. Special Immunity b. Local law is not in competence with International Law. 3. Criminal Jurisdiction:1. A state may punish all the persons whether he is a national or an alien, if the crime is committed within its territory (Territoriality Principle. ) 2. A state has right to extend its jurisdiction to its nationals even in respect of events occurring entirely abroad. (Nationality Principle)

STATE JURISDICTION 3. An alien may be punished for the crime committed by him abroad if such acts cause injury to its national(s) irrespective of the nationality of the offender. (Passive Nationality Principle) 4. A state may exercise its jurisdiction over matters which produce harmful effect on it, irrespective of where the act takes place or by whom it is committed. (Protective Principle) 5. Every country will have to right to exercise jurisdiction irrespective of any connectivity with reference to crimes against mankind. (Universal Principle)