CHECK THESE SAMPLES OF The Jurisdiction and National Security Policy
This is compounded by the tension between territorial and national principles and the principle of universality.... Nevertheless, in many cases, other aspects are subject to legal regulation whereby states are widely reluctant to endorse the principle of universality arising from fear of undermining their own territorial and national interests (Lowenheim 2007, p.... Pirates are not only subject to territorial or national jurisdiction, but also universal jurisdiction....
5 Pages
(1250 words)
Essay
First, cybercrimes have caught the attention of the world with President Obama declaring cyber crimes and threats as the “most serious economic and national security challenges” faced by America in the 21st century (National Security Council, 2009).... Moreover, the report noted that the criminal might be in a different jurisdiction and their identification did not guarantee further investigation by law enforcers.... In line with this, the national Center for Victims of Crime (2004) noted that law enforcers faced challenges while investigating cyber-stalkers since stalking consists of repeated individual conduct that may not constitute a crime....
3 Pages
(750 words)
Essay
Universal jurisdiction refers to universal prescriptive jurisdiction and obliges states to assume jurisdiction over international crimes that are especially serious regardless of where the crime was committed (O'Keefe, 745).... However, the International Law Commission and the International Criminal Court Statute both provide ample explanation of the concept of universal jurisdiction and its purpose.... This paper identifies and analyses the international law on universal jurisdiction and identifies where uncertainties may arise....
8 Pages
(2000 words)
Essay
There are [] formidable problems surfacing in what is uncharted territory - issues of loyalty, accountability, ideology, and national interest....
Edwards (2006) pointed out that while "statements cross national boundaries, inevitably problems of international private law are invoked, with difficult questions raised such as what country (or countries) will have jurisdiction to hear any action for damages raised, what country's law should govern the action (the choice of law question) and if a decree is obtained, how can it be enforced if the defender lives out with the jurisdiction of the court" In this case, it has been proposed that "action must be raised in the courts of the domicile of the defender (but) it should also be noted that forum non conveniens is still a possible plea in actions involving intra-UK jurisdiction only, although not actions between parties from different states party to the Brussels Convention" (Edwards, 2006)The concept of domicile have always been associated with UK tax, and with the integration of European Union as well as the increasing diversity of United Kingdom population, domicile is becoming more interesting to many individuals (Waldon, 2006)....
5 Pages
(1250 words)
Essay
The Relationship between national Jurisdictions and the ICC represents a Major Challenge for the Edifice of International Criminal Justice as a Whole and despite the recent Emphasis on Positive Complementarity, this Relationship Remains Ambiguous
The International Criminal… However, despite the fact that 120 nation states signed the Rome Statute on July 17, 1998 to give birth to the International Criminal Court, it is felt that the Nevertheless, a ray of hope is now available to the world and it is likely that the world will now be in a position to ensure that national governments will no longer be in a position to shield persons responsible for committing the most heinous crimes known to man....
15 Pages
(3750 words)
Essay
There is no doubt that on the eleventh September America was under attack and the… This necessitated numerous emergency response activities and exerted immense pressure on prevailing policy and security administrative frameworks.... September 11 was a significant security threat not just to the state of Maryland but also to the entire United States in the sense that it was unexpected and very strategic locations were attacked.... The state of Maryland was at the centre stage of the response mechanism Maryland responded to the threat of terrorism in the United States during September eleven in broad way that linked its security organs, legislature and administration and there were changes in security administration and emergency management to suit the urgent situation after September 11....
12 Pages
(3000 words)
Case Study
In this regard, the paper will discuss jurisdiction and sovereignty, e-business and cyber laws as well as cybercrimes in general.... jurisdiction refers to the power and authority of a government to adjudicate, legislate and enforce its laws it is bound by territorial confines (does not outspread beyond the territory) (Singh, 2010).... If a court does not have jurisdiction over a matter, then the court is regarded as incompetent to adjudicate the matter and if it hears and make a decision over the matter, then the ruling made by the court would be quashed and termed as null and void (Chander, 2010)....
5 Pages
(1250 words)
Essay
Against this backdrop, the study discusses about the effectiveness of ICL, which demands clarity in respect of the law and jurisdiction and fairness in its enforcement requiring state support.... A Critical Understanding of the Sources Of International Criminal Law and the Substantive Rules of Law, and Their Scope And Operation in Establishing Liability For Crimes That Transcend Sovereign Jurisdiction 6
The Development and Implementation of International Law Implemented… by Both national and International Criminal Courts and Evaluation of the Relationship Between national Jurisdictions With Particular Reference to Models of Practice 9
Critical Understanding of the Principles and Values of International Law, Sources of International Law and International criminal law (ICL) is not an old maxim....
15 Pages
(3750 words)
Coursework