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Chapter

Cover The Substantive Law of the EU

6. The Free Movement of Persons: Key Principles  

This chapter provides an overview of the principles which apply to the free movement of all persons. In order to benefit from the free movement rules, the claimant must fall within the personal, material, and territorial scope of the Treaty provision and, in addition, must be able to rely on the Treaty provision against the particular defendant (the principle of direct effect). The chapter then discusses the scope of the Treaty prohibition. It shows that, at least in principle, refusal of entry/deportation, discriminatory measures, and non-discriminatory measures which impede market access are all prohibited by the various provisions of the Treaty.

Chapter

Cover International Law

5. Jurisdiction  

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.

Chapter

Cover International Law

5. Jurisdiction  

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.

Chapter

Cover Essential Cases: Public Law

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Brownlie's Principles of Public International Law

8. Forms of governmental authority over territory  

This chapter begins with a brief discussion of the concept of territory. It explains key terms and distinctions, including sovereignty and jurisdiction, sovereignty and ownership, sovereignty and administration, and ‘sovereign rights’ beyond state territory. This is followed by discussions of territorial administration separated from state sovereignty and restrictions on disposition of territory.

Chapter

Cover Public Law

8. Devolution and The Territorial Constitution  

This chapter focuses on the UK’s territorial constitution, that is, the governance arrangements that result in power being dispersed rather than concentrated in a single set of national institutions. Devolution involved creating new governments in Scotland, Northern Ireland, and Wales, and investing them with powers that were previously exercised at a UK level. Devolution in the UK is therefore intended to be part of the answer to questions that must be confronted in all political systems: where should governmental power lie? And at what level should laws be enacted and the business of government transacted? Local government plays a key role in decision-making, policy formulation, and the delivery of public services across a wide range of areas, including education, housing, personal social services, transport, and planning control.

Chapter

Cover Public Law

6. Multilevel Governing Within the United Kingdom  

This chapter examines multilevel governing within the UK. It is organized around three levels of governing: national, regional, and local. For most of the twentieth century, mainland Great Britain (England, Wales, and Scotland) formed a centralized political unit, with policy-making and law-making being led by the UK government and the UK Parliament. There was devolved government in Northern Ireland from 1922, but this was ended by the UK government in 1972 amid mounting civil unrest and paramilitary violence. At the local level, there are 382 principal councils (unitary, upper, and second tier) throughout the United Kingdom. These vary considerably in size, both in terms of their territorial area that they cover and their populations. This chapter discusses how the introduction of devolved government in 1998 has altered the governance arrangements in Scotland, Wales, and Northern Ireland. It also examines how devolution affects the territorial constitution, (see Section 6.4), intergovernmental relations with Westminster (see Section 6.5), and the governance of England (see Section 6.6).

Chapter

Cover International Law Concentrate

6. Sovereignty and jurisdiction  

This chapter briefly looks at the nature of sovereignty and its parameters in international law, but essentially focuses on the function and nature of jurisdiction. It first examines the breadth of the space in which sovereignty is exercised; namely, land, sea, and air. Thereafter, it assesses territorial jurisdiction (in both its objective and subjective dimensions) and examines the practice of the four extraterritorial principles of jurisdiction; namely, nationality-based, the protective principle, passive personality, and universal jurisdiction. The chapter then considers instances where national courts refuse to exercise their ordinary jurisdiction, namely, instances where the accused is covered by the privilege of immunity or because his or her arrest was illegal. Finally, it looks at the US practice of extraterritorial jurisdiction, whereby sometimes the sovereignty of other nations has been breached.

Chapter

Cover Brownlie's Principles of Public International Law

10. Status of territory: further problems  

This chapter begins with a discussion of international procedures of territorial disposition, covering agreement between the states concerned, joint decision of the principal powers, and action by United Nations organs. It turns to the issue of sovereignty displaced or in abeyance, covering territory sub judice, territory title to which is undetermined, terra nullius, res communis, and Antarctica.

Chapter

Cover Brownlie's Principles of Public International Law

11. The territorial sea and other maritime zones  

This chapter discusses international law governing the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone/fisheries zone, and other zones for special purposes such as defence.

Chapter

Cover Brownlie's Principles of Public International Law

12. Maritime delimitation and associated questions  

This chapter discusses international law governing territorial sea delimitation, continental shelf delimitation (including beyond 200 nm), exclusive economic zone delimitation, and the effect of islands upon delimitation.

Chapter

Cover Brownlie's Principles of Public International Law

21. Jurisdictional competence  

Jurisdiction refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. This chapter discusses prescriptive jurisdiction over crimes, civil prescriptive jurisdiction, the separateness of the grounds of jurisdiction, and enforcement jurisdiction.

Chapter

Cover Brownlie's Principles of Public International Law

9. Acquisition and transfer of territorial sovereignty  

Disputes concerning title to land territory, including islands, and over the precise determination of boundaries are regularly the subject of international proceedings. While the occupation of territory not belonging to any state (terra nullius) is no longer a live issue, issues concerning such occupation in the past may still arise. This chapter discusses the following, the ‘modes’ of acquisition, displacement of title, territorial disputes, and territorial sovereignty and peremptory norms.

Chapter

Cover Cases & Materials on International Law

10. Law of the Sea  

The law of the sea is of great importance to the world community as reflected in the wealth of treaty law, customary law and judicial decisions concerning this subject. The most important of all is the United Nations Law of the Sea Convention 1982, which entered into force on 16 November 1994. This chapter discusses the rules governing the territorial sea and the contiguous zone; the continental shelf; the exclusive economic zone; the high seas; the deep seabed; and peaceful settlement of disputes.

Chapter

Cover International Law

18. The law of the sea  

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.

Chapter

Cover Jones & Sufrin's EU Competition Law

11. Vertical Agreements  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter, which discusses EU competition policy towards vertical agreements, begins by outlining the choices available to a supplier when deciding how best to market and sell its products or services to customers, and the impact that the competition rules may have on a supplier’s choice. It then discusses the evolution of the EU approach to vertical agreements, from the early days of EEC competition to now, especially as reflected in the Commission’s Verticals Guidelines of 2022, including exclusive dealing, single branding, franchising, and selective distribution agreements. It considers the importance in EU law of parallel trade between Member States and how this has influenced policy towards vertical restraints. It analyses the application of Article 101(1) and Article 101(3) to vertical agreements, including the verticals block exemption of 2022; and subcontracting agreements.

Chapter

Cover Brownlie's Principles of Public International Law

19. Succession to rights and duties  

The significant number of recent state successions has resulted in an attempted re-engagement with the law of state succession in a different historical and political context, based on the accumulation of state practice over the past two decades. This chapter discusses the forms of territorial change, state succession and municipal legal relations, succession to treaties, succession to responsibility, and membership of international organizations.

Chapter

Cover Competition Law

12. The international dimension of competition law  

This chapter explores the international dimension of competition law from two perspectives. It begins by describing the growth of international institutions involved in the development of competition law and policy, with particular reference to the International Competition Network (the ‘ICN’), the Organisation for Economic Cooperation and Development (the ‘OECD’) and the United Nations Conference on Trade and Development (‘UNCTAD’). It then looks at a more technical issue, which is the extent to which a sovereign state (or the European Union) can apply its competition law extraterritorially to conduct beyond its borders that has a harmful effect within it: this will briefly be considered from a theoretical perspective, after which the positions in the US, EU and UK will be examined in turn. The chapter concludes by briefly examining the extent to which a state may wish to block the application of a foreign competition law to its businesses.