French Jurisdiction Research Articles

Loiseleur

Jurisdiction — Territorial — Over territory in general and persons and property situated therein — Criminal offences — Conspiracy to commit offences contrary to narcotics legislation — Drugs smuggled by air from France to Canada — Whether any offence committed within French jurisdiction — The law of France

French jurisdictional supremacy in Gascony: one aspect of the ducal government's response

As a result of the 1259 treaty of Paris, the king of England resumed a feudal relationship with the French monarch, thus holding his duchy of Gascony as a fief. This meant that Capetian officials could exercise their master's jurisdictional authority in the duchy, in part because of the supreme appellate powers of the royal court, the Parlement of Paris. This they did with enthusiasm and skill, causing considerable disruption to English power in the duchy. Accepting the challenge, ducal officials devised a number of tactics to thwart the exercise of French jurisdiction in Gascony. These methods were altogether illegal or even criminal in nature, but the officials felt they were necessitated by the critical threat of Capetian authority to Plantagenet control of Gascony. Unfortunately, such tactics did little to alleviate their jurisdictional problems. Ducal authorities failed to create any consistent and systematic program for ending permanently Gascon judicial appeals to the French court, and they were hamstrung both theoretically and physically in the haphazard efforts they did make. Far from halting the advancement of Capetian jurisdictional authority in the duchy, the unlawful methods merely underscored the precarious nature of the English position there.

In re Kote, Mazeli and Noujaim.

Jurisdiction — Territorial — Over foreigners — Attempted fraud — Place where acts constituting offence were performed — Document forged in Dahomey sent to head office of French bank in Paris via Dahomey branch — Attempt to obtain money in France on strength of forged document by third party acting in good faith under instructions of defendants — Whether offence committed in France or by aliens outside French jurisdiction — The law of France.The Individual in international law — Extradition — Procedure of — Disguised extradition — Evidence — Whether invalidating subsequent prosecution — The law of France.