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Discuss the concept of 'jurisdiction' in Article 1 of the European Convention on Human Rights - Essay Example

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Discuss the concept of ‘jurisdiction’ in Article 1 of the European Convention on Human Rights and its relation to ‘jurisdiction’ in public international law generally. Jurisdiction of a state connotes fundamentally the magnitude of each state’s privilege to administer its conduct or the outcomes of events…
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Discuss the concept of jurisdiction in Article 1 of the European Convention on Human Rights
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Download file to see previous pages Else , a state may control the affairs by initiating administrative or executive action, which intrudes more pervasively on the happenings of events , as by implementing its laws or through the verdicts of its courts. Jurisdiction pertains to both the internal law of each state and in the international law. The jurisdiction in international law establishes the allowable limits of a state jurisdiction in the different forms it may assume, while the jurisdiction in internal law connotes the magnitude to which, and the style in which, the state, in reality, affirms its jurisdiction. In Lotus case, the PCIJ (Permanent Court of International Justice), while briefing that international law normally allows the states “a broad initiative” of discretion in the applicability of their laws, and the jurisdiction of their courts was restricted in some cases by prohibitive rules, and it was obligatory for a state that it should not cross its limits which international law emphasises upon its jurisdiction. It may be noted that the magnitude to which the jurisdiction is a matter of limits to the exercise of authority as the subject of jurisdiction may happen not only as regard to states but also in regard to other bodies, which exert authority globally like international organisations and multinational companies1. International Jurisdictional issues happen when a state either through its court proceedings or directly try to avow its power over circumstance, property or persons, which happen or arise in abroad. If such property or persons locate in abroad, the magnitude to which the state laws are deemed to apply extra-territorially or whether the exercise of the jurisdiction engrosses any violation of the rights of other states. It is to be observed that a state’s right to assert its jurisdiction depends upon its sovereignty. In Christina 2case, Lord Macmillan held that “it is an indispensable quality of the sovereignty of a state, as of all sovereign independent nations that it should have jurisdiction over all of its properties and individuals which lie or reside within its territorial borders both in criminal and civil cases happening within these limits. Jurisdiction also includes both the privilege to exercise it within the territories of a nation’s sovereignty and an obligation to acknowledge the same right of other states. The issue or complication happens when one nation tries to punish a criminal demeanour which another nation does not consider it as an offence. There are various kinds of jurisdictions, and we can analyse the same as under: Prescriptive Jurisdiction Authority to notify rules Enforcement Jurisdiction Authority to implement regulations Legislative Jurisdiction Authority of the state to enforce obligatory laws within its province. However, there are restrictions on the “legislative dominance “of a state as if it enacts a law which in not in line with international law, then it will make it accountable for the infringement of international law. However, a municipal court of a state has every right to give effect to its municipal law. Executive Jurisdiction The authority of a state to function within the territorial provinces of another state with prior sanction from such government. Judicial Jurisdiction The authority to municipal courts to administer cases where the foreign factor exists3. Article 1 of the European Human Rights Commission (herein after will be referred as ECHR) deals with the obligation to ...Download file to see next pagesRead More
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