Abstract

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the concepts of jurisdiction and sovereignty in international law. More specifically, it discusses the nature and extent of a state's authority over territory, persons, and aircraft. It considers the Lotus Case (1927) handled by the Permanent Court of International Justice to illustrate the principles of jurisdiction, including its prescription and enforcement. It also looks at the absolute nature of territorial jurisdiction, civil and criminal jurisdiction, nationality jurisdiction, and universal jurisdiction, along with protective jurisdiction and the ‘effects’ doctrine, and passive personality jurisdiction. The chapter concludes by focusing on how a state acquires lawful title to territory in international law through discovery, cession and treaties, use of force such as conquest, accretion and avulsion, judicial decisions, and self-determination.

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