0000002897 00000 n 0000004119 00000 n In addition, the selected papers investigate the impact of the human dimension, particularly the individual and collective human rights, on the way international law addresses territorial issues, including indigenous peoples and the right to self-determination. xref
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Topics covered include the historical development of the territoriality principle in continental Europe; the territoriality principle in England; the territoriality principle in the United States; territorial jurisdiction over cross-border offences; territorial jurisdiction and the Internet; territorial jurisdiction over antitrust violations; territorial jurisdiction … 0000008347 00000 n The territorial principle (also territoriality principle) is a principle of public international law under which a sovereign state can prosecute criminal offences that are committed within its borders. 0000002291 00000 n Underthe subjective aspect of territorial jurisdiction a sovereign is recognized ashaving the power to adopt criminal laws that apply to crimes that arephysically committed within his territorial borders. 0000006913 00000 n
0000030014 00000 n Marie Cornu, Anita Vaivade, Lily Martinet, Clea Hance, You can buy securely throughour online shop, Library subscriptions availablethrough Elgaronline. 0000003209 00000 n
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This chapter discusses the territoriality principle, the most basic principle of jurisdiction in international law. • Subjective aspect. The principle of respect for the territorial integrity of states is well founded as one of the linchpins of the international system, as is the norm prohibiting interference in the internal affairs of other states.
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Under public international law, territorial principle means the principle under which a sovereign state can prosecute any criminal offences that are done within its territory. THRE are four' different theories of criminal jurisdiction, namely: (1) territorial, (2) Roman, (3) injured forum, and (4) cosmopoli-. Your data is safe with us, you can find more detail in our privacy policy. endobj 0000006500 00000 n In international law: Jurisdiction According to the territorial principle, states have exclusive authority to deal with criminal issues arising within their territories; this principle has been modified to permit officials from one state to act within another state in certain circumstances (e.g., the Channel Tunnel arrangements between the United Kingdom and France… 0000021070 00000 n 0000001900 00000 n Elgar copyright policy: Your guide to the essentials. depends upon the place of perpetration. 0000002591 00000 n 0000007708 00000 n Because territoriality has been the cornerstone of jurisdictional order in the common law, and extraterritorial jurisdiction has been shunned, it comes as no surprise that common law countries, the United States in particular, have construed the territorial principle rather broadly in order to get to grips with the challenges posed by transnational crime and economic globalization. Edited by Marcelo G. Kohen, Professor of International Law, Graduate Institute of International and Development Studies, Switzerland and Member of the Institute of International Law. 0000026058 00000 n tan. 0000005701 00000 n 0000030571 00000 n
360 0 obj 0000004277 00000 n 0000026232 00000 n <<79804FBFD4ABB2110A0070FDEEA3FC7F>]/Prev 1236528>> According to the territorial principle, states have exclusive authority to deal with criminal issues arising within their territories; this principle has been modified to permit officials from one state to act within another state in certain circumstances (e.g., the Channel Tunnel arrangements between the United Kingdom and France and the 1994 peace treaty between Israel and Jordan). <>stream
So, for example, the United Kingdomcan adopt a statute that makes it a crimefor anyone to commit an act of murder within …
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Territorial jurisdiction is based on the theory that incidents occuring in or persons residing within the territory of the state, are subjects to its law.
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The collection also analyses the evolution and scope of the law of acquisition of territory from colonial times to today, the emergence of new areas for the territorial expansion of states and the border delimitation rules. The compilation of key articles and excerpts in this timely volume deals with the importance of territory for international law with regards to its relationship with power, state building and globalisation. 0000008738 00000 n In addition, the selected papers investigate the impact of the human dimension, particularly the individual and collective human rights, on the way international law addresses territorial issues, including indigenous peoples and the right to self-determination. 0000000016 00000 n %%EOF 324 37 %PDF-1.7 %���� 0000005225 00000 n Register now to hear about the latest books and products in your area and receive up to 20% off your orders. 0000032070 00000 n 0000009201 00000 n
A number of factors, however, have tended to reduce the territorial exclusivity of … For the best experience on our site, be sure to turn on Javascript in your browser. The territorial theory takes the position that criminal jurisdiction. 0000021800 00000 n There are two types of territorial principles:-. 0000003826 00000 n The principle also bars states from exercising jurisdiction beyond their borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive personality principle, the protective principle, and possibly universal jurisdiction. 0000008976 00000 n 0000007307 00000 n
Theterritorial principle has two aspects.
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