- Copyright Page
- Table of Cases
- Table of Legislation
- List of Contributors
- Introduction: Defining State Jurisdiction and Jurisdiction in International Law
- The Beginnings of State Jurisdiction in International Law until 1648
- The <i>Lotus</i> Case in Context: Sovereignty, Westphalia, Vattel, and Positivism
- The European Concept of Jurisdiction in the Colonies
- Immanuel Kant and Jurisdiction in International Law
- Navigating Diffuse Jurisdictions: An Intra-State Perspective
- Jurisdictional Pluralism
- Deepening the Conversation between Socio-Legal Theory and Legal Scholarship about Jurisdiction
- Critical Approaches to Jurisdiction and International Law
- Cosmopolitan Jurisdiction and the National Interest
- Jurisdictional Immunities of the State in International Law
- The Establishment, Change, and Expansion of Jurisdiction through Treaties
- Territoriality and Globalization
- Private Interests and Private Law Regulation in Public International Law Jurisdiction
- Jurisdiction and State Responsibility
- Enforcing Criminal Jurisdiction in the Clouds and International Law’s Enduring Commitment to Territoriality
- The ‘J’ Word: Driver or Spoiler of Change in Human Rights Law?
- International Investment Law, Hybrid Authority, and Jurisdiction
- Conceptions of State Jurisdiction in the Jurisprudence of the International Court of Justice and the Permanent Court of International Justice
- The Evolving Nature of the Jurisdiction of the Security Council: A Look at Twenty-First-Century Practice
- International Criminal Jurisdiction
- Jurisdiction and International Territorial Administration
Abstract and Keywords
This introductory chapter provides an overview of the role of jurisdiction in international law. Jurisdiction becomes an issue in international law once a state adopts laws that govern matters which are not purely of domestic concern. In this case, the extension of jurisdiction to regulate the activities of a state’s nationals abroad under the so-called active personality principle draws on the conception of a state as more than just territory, namely as a group of persons, wherever located, who are subject to a common authority that accompanies nationality. This type of jurisdiction is exercised to protect a state’s reputation from being tarnished by the conduct of its nationals abroad. Meanwhile, the question of nationality is determined by domestic law, although international law ascertains whether such a claim of nationality by one state must be accepted by another on the basis of the ‘genuine link’ test.
Stephen Allen is a Senior Lecturer in Law at Queen Mary, University of London and a barrister with a door tenancy at 5 Essex Court Chambers, London. His publications include The Chagos Islanders and International Law (Hart, 2014) and Title to Territory in International Law: A Temporal Analysis (Ashgate, 2003, with Joshua Castellino). He has jointly edited several books including Fifty Years of the British Indian Ocean Territory: Legal Perspectives (Springer, 2018); Reflections on the UN Declaration on the Rights of Indigenous Peoples (Hart, 2011); and The Rights of Indigenous Peoples in Marine Areas (Hart, forthcoming).
Daniel Costelloe is a counsel in the International Arbitration group at Wilmer Cutler Pickering Hale and Dorr LLP in London, where his practice focuses on international disputes and public international law. His academic research explores, among other areas, the law of treaties, state succession, international responsibility, and the history of international law. He is the author of Legal Consequences of Peremptory Norms in International Law (Cambridge University Press, 2017).
Malgosia Fitzmaurice is Professor of Public International Law at Queen Mary, University of London and specializes in international environmental law, the law of treaties, indigenous peoples, and Arctic law, and has published widely on these subjects. She is particularly interested in jurisdictional issues with respect to international environmental law. Her latest publications include the IMLI Manual on International Maritime Law, I: The Law of the Sea (Oxford University Press, 2014; co-edited with David Attard and Norman Martinez); ‘Uniformity versus Specialisation (1): The Quest for a Uniform Law of Inter-State Treaties’, in Christian Tams, Antonios Tzanakopoulos, and Andreas Zimmermann (eds.), Research Handbook on the Law of Treaties (Edward Elgar, 2014; co-authored with Panos Merkouris); and the Research Handbook on International Environmental Law (Edward Elgar, 2012; co-edited with David Ong and Panos Merkouris).
Paul Gragl is Reader in Public International Law and Theory at Queen Mary, University of London. Besides jurisdiction and state immunity in international law, his research interests include general international law, EU law, and legal theory and philosophy. He is the author of two monographs, The Accession of the European Union to the European Convention on Human Rights (Hart, 2013) and Legal Monism: Law, Philosophy, and Politics (Oxford University Press, 2018).
Edward Guntrip is a Lecturer in Law at the University of Sussex. His research considers how public international law governs economic activities undertaken in foreign jurisdictions and in areas beyond state jurisdiction. Edward has written blogs for EJIL Talk! and has published on these topics in various journals, including the International and Comparative Law Quarterly.
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