8. Jurisdiction
Gleider Hernández
in International Law
This chapter studies jurisdiction. The term ‘jurisdiction’ is generally understood by international lawyers as describing the extent, and limits, of the legal competence of a State, entity, ...
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5. Inside the State
Vaughan Lowe
in International Law
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter examines the limits of ...
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21. Jurisdictional competence
James Crawford
in Brownlie's Principles of Public International Law (9th edn)
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 ...
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21. Jurisdictional Competence
James Crawford
in Brownlie's Principles of Public International Law (8th edn)
Jurisdiction is an aspect of sovereignty: it refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation ...
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13. In the child’s best interests: the jurisdiction of wardship
Mary Welstead and Susan Edwards
in Family Law (4th edn)
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the ...
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10. Moving Forward—Integrating Equity
Sarah Worthington
in Equity (2nd edn)
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter presents an argument ...
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2. Principles of State jurisdiction
Douglas Guilfoyle
in International Criminal Law
This chapter discusses the basic principles of national jurisdiction to prosecute crimes. Despite the growth of international courts and tribunals, no international criminal court has ...
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2. Jurisdiction
Mark Elliott and Jason Varuhas
in Administrative Law: Text and Materials (5th edn)
This chapter focuses on jurisdiction, beginning with the distinction between jurisdictional and non-jurisdictional matters. In particular, it considers whether something falls into the ...
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10. The preliminary rulings procedure
Lorna Woods, Philippa Watson, and Marios Costa
in Steiner & Woods EU Law (13th edn)
This chapter examines the relationship between the Court of Justice (CJ) and the national courts in the context of the preliminary rulings procedure provided by Article 267 of the Treaty on ...
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8. Forms of Governmental Authority over Territory
James Crawford
in Brownlie's Principles of Public International Law (8th edn)
This chapter begins with a brief discussion of the concept of territory. It then explains key terms and distinctions, including sovereignty and jurisdiction, sovereignty and ownership, ...
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15. The repression of international crimes in domestic jurisdictions
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
in Cassese's International Criminal Law (3rd edn)
This chapter discusses the relation between international law and criminal jurisdiction by states and examines the main heads of jurisdiction applied by states. It then analyzes the content ...
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17. Boundaries of Judicial Review
Sir William Wade and Christopher Forsyth
in Administrative Law (11th edn)
This chapter discusses the scope of judicial review. Judicial review is a procedure for obtaining the remedies specified in the Senior Courts Act 1981, namely the quashing order, the ...
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11. Cross-Border Banking
Ross Cranston, Emilios Avgouleas, Kristin van Zweiten, Theodor van Sante, and Christoper Hare
in Principles of Banking Law (3rd edn)
This chapter first sets out seven cases that illustrate some of the legal problems arising from international banking. Many of these cases are not new, nor are most confined to banking. The ...
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2. The characteristics of equity
Graham Virgo
in The Principles of Equity & Trusts (3rd edn)
This chapter analyses the essential characteristics of Equity. It identifies fourteen maxims that are useful and relevant today as guidelines for the operation of the equitable ...
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2. The Characteristics of Equity
Graham Virgo
in The Principles of Equity & Trusts (4th edn)
This chapter analyses the essential characteristics of Equity. It identifies fourteen maxims that are useful and relevant today as guidelines for the operation of the equitable ...
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16. International versus national jurisdiction
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
in Cassese's International Criminal Law (3rd edn)
This chapter discusses the main models that have been established to regulate issues of concurrent jurisdiction of international and national criminal courts over certain international ...
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12. Immunities Enjoyed by Officials of States and International Organizations
Chanaka Wickremasinghe
in International Law (5th edn)
This chapter examines the immunities enjoyed by various categories of officials of States and international organizations. It identifies jurisdictional immunity as one of the key legal ...
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13. Maritime Transit and the Regime of the High Seas
James Crawford
in Brownlie's Principles of Public International Law (8th edn)
This chapter discusses international law governing freedom of the high seas, jurisdiction over ships on the high seas, regimes of transit to and from the high seas, regulation of high seas ...
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31. The Claims Process
James Crawford
in Brownlie's Principles of Public International Law (8th edn)
This chapter considers preliminary issues, involving both jurisdiction and admissibility, before an international court or tribunal can decide the substance of interstate claims. It ...
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8. Jurisdiction Over Fact and Law
Sir William Wade and Christopher Forsyth
in Administrative Law (11th edn)
This chapter discusses the objective boundaries of discretionary powers and the way in which the courts police them. Inherent in all discretionary power is the power to decide freely, ...
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