Five jurisdictional principles

1) Territorial principle: 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. 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.2) Universality principle: Covers certain crimes that are considered to be committed against the entire community of nations.Any nation wherein the perpetrator of such a crime is found has the jurisdiction to arrest the criminal (who may be extradited).Universal crimes: piracy, slavery, war crimes, crimes against peace, crimes against humanity, genocide, torture.Universality Principle: Defendant’s conduct sufficiently heinous to violate the laws of all states.Conduct started and completed anywhere.All states may prosecute (not just X). 3) Nationality principle: The nationality principle recognizes that a sovereign can adopt criminal laws which govern the conduct of the sovereign’s nationals while outside of the sovereign’s borders. Under this principle, for example, a sovereign can make it a crime for its nationals to engage is sexual relations with minors while outside of its borders or to pay bribes outside of its borders to public officials of another sovereign. 4) Passive personality principle: The passive personalty principle recognizes that a sovereign can adopt laws that apply to conduct of foreign nationals who commit crimes against the sovereign’s nationals while the sovereign’s nationals are outside of the sovereign’s territory. 5) Protective principle: Jurisdiction over foreigners for crimes committed abroad, when the vital interests of the State is threatened. Reflected in many treaties.

EXTRADITION: Is the process whereby one nation surrenders someone accused of a crime to another nation. Extradition treaties are necessary because extradition is not automatic. There is no duty to surrender an individual to another nation.

Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit orprosecution under the host country's laws, although they can still be expelled. It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history. Many principles of diplomatic immunity are now considered to be customary law. Diplomatic immunity as an institution developed to allow for the maintenance of government relations, including during periods of difficulties and even armed conflict. When receiving diplomats—who formally represent the sovereign—the receiving head of state grants certain privileges and immunities to ensure they may effectively carry out their duties, on the understanding that these are provided on a reciprocal basis.

Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR).^[1][2] Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive, given the functional differences between consular and diplomatic officers. For example, consular officers are not accorded absolute immunity from a host country’s criminal jurisdiction, they may be tried for certain local crimes upon action by a local court, and are immune from local jurisdiction only in cases directly relating to consular functions.

Article 12 “ THE EXEQUATUR ” 1. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization. 2. A State which refuses to grant an exequatur is not obliged to give to the sending State reasons for such refusal. 3. Subject to the provisions of Articles 13 and 15, the head of a consular post shall not enter upon his duties until he has received an exequatur.

The Meaning of Human Rights. Human rights are those rights possessed by an individual that cannot be withheld or withdrawn by a state”,“The protection of individuals and groups against violations by governments of their internationally guaranteed rights”. HUMAN RIGHTS is defined as the supreme, inherent, and inalienable rights to life, to dignity, and to self-development. It is concerned with issues in both areas of civil and political rights and economic, social and cultural rights founded on internationally accepted human rights obligations.

History of H/R. First the term <human rights> appeared in I/L in the period of France revolution.In state practice, as early as 1815 the United Kingdom tried to persuade states to make treaties for the suppression of the slave trade.A big step forward came with the peace treaties of 1919, which provided guarantees of fair treatment for the inhabitants, and which set up the International Labor Organization

Five categories of Human Rights. Civil – the right to be treated as an equal to anyone else in society. Political – the right to vote, to freedom of speech and to obtain information. Economic – the right to participate in an economy that benefits all; and to desirable work. Social – the right to education, health care, food, clothing, shelter and social security. Cultural – the right to freedom of religion, and to speak the language, and to practice the culture of one’s choice.

Characteristics of Human Rights. Universal, Internationally guaranteed, Legally protected, Protects individuals and groups, Cannot be taken away, Equal and indivisible, Obliges States and State actors.

International Bill of Human Rights. The 1948 Universal Declaration of Human Rights (UDHR), The 1966 International Covenant on Civil and Political Rights (ICCPR), Its two optional protocols, The 1966 International Covenant on Economic, Social, and Cultural Rights (ICESCR).

T he 1948 Universal Declaration of Human Rights (UDHR). First Category covers “civil and political rights”: The right to life, liberty, and security of the person, The right to leave and enter one’s own country, Freedom from slavery and torture, Freedom from discrimination, arbitrary arrest, and interferences with privacy, The right to vote, Freedom of thought, peaceable assembly, religion and marriage. Second category consists of economic, social, and cultural rights: The right to own property, The right to work, The right to maintain an adequate standard of living and health, and, The right to an education.

persona non grata (Latin, plural: personae non gratae), literally meaning "an unwelcome person", refers to a foreign person whose entering or remaining in a particular country is prohibited by that country's government. It is the most serious form of censure which one country can apply to foreign diplomats, who are otherwise protected by diplomatic immunityfrom arrest and other normal kinds of prosecution.

Citizenship (an individual’s nationality) is a bond between an individual and a state that establishes reciprocal rights and duties between them. Citizenship denotes the link between a person and a state or an association of states. It is normally synonymous with the term nationality although the latter term may also refer to ethnic connotations. Possession of citizenship is normally associated with the right to work and live in a country and to participate in political life. A person who does not have citizenship in any state is said to be stateless.

Nationality is often used as a synonym for citizenship – notably in international law – although the term is sometimes understood as denoting a person's membership of a nation.^[1] In some countries, e.g. the United States, "nationality" and "citizenship" have different meanings, and it is possible to be a national of the country but not a citizen.

The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation. Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law, such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation. They establish (1) the conditions for an act to qualify as internationally wrongful, (2) the circumstances under which actions ofofficials, private individuals and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability.

Statelessness, a legal concept describing the lack of any nationality, is the absence of a recognized link between an individual and any state. A de jure stateless person is someone who is "not considered as a national by any state under the operation of its law". A de facto stateless person is someone who is outside the country of his or her nationality and is unable or, for valid reasons, unwilling to avail him- or herself of the protection of that country. This can be a result of persecution, in which case there is an overlap with the definition of a refugee, but it can also be a consequence of lack of diplomatic relations between the state of nationality and the state of residence. Some de jure stateless persons are also refugees although not all refugees are de jure stateless, and not all de jure stateless persons are refugees. Many stateless persons have never crossed an international border.

A refugee is a person who is outside their country of origin or habitual residence because they have suffered (or fear) persecution on account of race, religion, nationality, political opinion, or because they are a member of a persecuted 'social group' or because they are fleeing natural disaster. Such a person may be referred to as an 'asylum seeker' until recognized by the state where they make a claim. As of January 31, 2005, the largest source countries of refugees are Afghanistan, Iraq, Sierra Leone, Myanmar, South Sudan, and the Palestinian Territories. The country with the largest number of IDPs is South Sudan, with over 5 million. As of 2006, with 800,000 refugees and IDPs, Azerbaijan had the highest per capita IDP population in the world.

Naturalization: Individuals may actively change their nationality through the process of naturalization. The national law of the country from which nationality is sought establishes its naturalization requirements.

Categories Of Territory: 1)Territory owned by a sovereign state (sovereign territory). 2)Territory not owned by any state because of its special status (trust territory). 3)Territory capable of being owned but not yet under sovereign control (terra nullius). 4)Territory that cannot be owned by any nation (terra communis): Sovereign Territory: States possess the right to control the land located within their territorial boundaries. The extend of that sovereignty is ordinarily defined by oceans, mountains, and other natural frontiers and barriers. Trust Territory: The land which is not subject to the sovereignty of any state because some of special status. Example the United Nations trusts territories after World War II. Under the UN Charter, this category of territory is under a temporary disability to control its own area-which may occur because of a lack of political infrastructure. Terra Nullius: Areas that were deemed terra nullius belonged to no one. They were capable of acquisition.In the event of a sovereignty dispute, state that occupied or administered such areas usually established a legitimate claim by showing that the dispute territory was initially terra nullius. Res Communis: Territory is incapable of ever being legally owned or controlled. It belongs to no one and must remain available for all to use. The clearest example of res communis are the high seas and outer space.

International economy, generally refers to the economy, which is based on economies of all of the world's countries, national economies. Also global economy can be seen as the economy of global society and national economies – as economies of local societies, making the global one. It can be evaluated in various kind of ways. For instance, depending on the model used, the valuation that is arrived at can be represented in a certain currency, such as 2006 US dollars.

Principles of I/L: State sovereignty: The State can do what it wants within its own borders or: The State is not subject to the authority of others. Equality of States: States cannot infringe on the sovereignty of other states and they must agree on how to relate to each other and how to solve problems

Recognition: Recognition generally refers to one state’s willingness to establish or maintain official relations with another State or its government… The significances of recognition for a state: 1)To obtain equality status with other members of the international community.2) To acquire international rights and contracting international obligations.3) To engage in international relations… Types of Recognition of States: Expressed recognition - Diplomatic letters/notes, statements, telegrams. Example: The statement of French President to recognize the independency of Algeria on 3 July 1963… International treaty, Example: Japan recognized Korea via article 12 of Peace Treaty on 8 September 1951… Implicit recognition - Sending a diplomatic agent, Having a talk with an official or a head of state, Making an agreement with the state…Collective recognition- Via international treaty or multilateral conference, Example: 5 ASEAN countries on 18 April 1975 recognized Cambodia… Premature recognition - Recognition is given to a state although the state does not have complete constitutive components (no constitution, territorial borders are not clear), Example: recognition of a number of states to Palestinian… Types of Recognition of Government:1) De facto recognition - The government of a state is not constitutionally valid, The ruling power has been effectively implemented in the entire territory of a state, The government is usually established by a revolution, Example: Iranian revolution that has made Shah Reza Pahlevi step down..2) De jure - The ruling power has been recognized in the entire state, The government is established by an election or the Constitution, The government in power has no competing government, Example: Indonesia obtained its de facto recognition in 1945-1949 and it obtained its de jure recognition after recovering its sovereignty.3) Recognition of belligerency. 4) Recognition of National Liberation Movements

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