International Law Exam 3UPDATED ACTUAL Questions and
CORRECT Answers
jurisdiction the broad legal authority of a state
intra territorial jurisdiction jurisdiction over persons, property, and conduct inside the states territory
extra territorial jurisdiction jurisdiction over persons, conduct, or events outside the states territory
prescriptive jurisdiction the power to make laws
adjudicative jurisdiction the power of courts to hear and decide cases
, enforcement jurisdiction the power to enforce laws (arresting, punishment, seizing)
territoriality prinicple state can exercise jurisdiction over conduct that occurs within the territory or
has substantial territorial connection to it
conduct launched from its territory, conduct directed at territory, conduct
producing effects w/in territory
nationality principle a state may regulate the conduct of its nationals, even abroad
protective principle a state may regulate foreign conduct that threatens its security or essential
interests
universality principle the universality principle applies to the most serious crimes of int concern
piracy, genocide, war crime, crimes against humanity, and torture
the alien tort federal law allowing foreign nationals to sue in US federal for civil wrongs
committed in violation of int law or treaties
human rights abuses
statute example of a US civil mechanism that can resemble universal jurisdiction for
serious violations of int law
immunity a procedural protection from the jurisdiction of courts or authorities
immunity v. jurisdiction immunity = whether authority may be exercised
jurisdiction = whether the court has authority
state immunity a foreign state may be protected from being sued in another states courts
only if the claim concerns the foreign states sovereign/public acts (not
commercial/private)
personal immunity of state officials aka immunity ratione personae
protects certain high-ranking officials in office, for official and private acts
functional immunity of state officials aka immunity ratione materiae
protects official acts performed on behalf of the state and may continue after
the official leaves office
functional v. personal immunity personal = depends on the official's status
functional = depends on the nature of the act
inviolability certain persons, premises, documents, or property may not be entered,
searched, seized, or interfered with
waiver of immunity state or organization entitled to immunity may give up that protection
CORRECT Answers
jurisdiction the broad legal authority of a state
intra territorial jurisdiction jurisdiction over persons, property, and conduct inside the states territory
extra territorial jurisdiction jurisdiction over persons, conduct, or events outside the states territory
prescriptive jurisdiction the power to make laws
adjudicative jurisdiction the power of courts to hear and decide cases
, enforcement jurisdiction the power to enforce laws (arresting, punishment, seizing)
territoriality prinicple state can exercise jurisdiction over conduct that occurs within the territory or
has substantial territorial connection to it
conduct launched from its territory, conduct directed at territory, conduct
producing effects w/in territory
nationality principle a state may regulate the conduct of its nationals, even abroad
protective principle a state may regulate foreign conduct that threatens its security or essential
interests
universality principle the universality principle applies to the most serious crimes of int concern
piracy, genocide, war crime, crimes against humanity, and torture
the alien tort federal law allowing foreign nationals to sue in US federal for civil wrongs
committed in violation of int law or treaties
human rights abuses
statute example of a US civil mechanism that can resemble universal jurisdiction for
serious violations of int law
immunity a procedural protection from the jurisdiction of courts or authorities
immunity v. jurisdiction immunity = whether authority may be exercised
jurisdiction = whether the court has authority
state immunity a foreign state may be protected from being sued in another states courts
only if the claim concerns the foreign states sovereign/public acts (not
commercial/private)
personal immunity of state officials aka immunity ratione personae
protects certain high-ranking officials in office, for official and private acts
functional immunity of state officials aka immunity ratione materiae
protects official acts performed on behalf of the state and may continue after
the official leaves office
functional v. personal immunity personal = depends on the official's status
functional = depends on the nature of the act
inviolability certain persons, premises, documents, or property may not be entered,
searched, seized, or interfered with
waiver of immunity state or organization entitled to immunity may give up that protection
