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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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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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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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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10. Variation of trusts
Iain McDonald and Anne Street
in Equity & Trusts Concentrate: Law Revision and Study Guide (6th edn)
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are ...
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8. Jurisdictional Sovereignty
Martin Dixon, Robert McCorquodale, and Sarah Williams
in Cases & Materials on International Law (6th edn)
A State’s administrative, judicial, executive and legislative activity is part of the exercise of its sovereignty, sometimes known as its jurisdictional sovereignty. This chapter examines ...
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20. Sovereignty and equality of states
James Crawford
in Brownlie's Principles of Public International Law (9th edn)
This considers the uses of the term ‘sovereignty’ to describe the competence of states and equality. ...
12. Contracts Void at Common Law on Grounds of Public Policy
M P Furmston
in Cheshire, Fifoot, and Furmston's Law of Contract (17th edn)
This chapter examines the three types of contract that are treated by the courts as void: contracts to oust the jurisdiction of the courts; contracts prejudicial to the status of marriage; ...
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6. Scope of application
Sarah Joseph and Sam Dipnall
in International Human Rights Law (3rd edn)
This chapter first defines the key concepts of ‘state responsibility’ and ‘jurisdiction’. It then identifies the duty-bearers and beneficiaries of human rights law, explains the instances ...
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