Presentation on theme: "Principal of Sovereignty the quality or state of being sovereign. the status, dominion, power, or authority of a sovereign; royalty. supreme and independent."— Presentation transcript:
Principal of Sovereignty the quality or state of being sovereign. the status, dominion, power, or authority of a sovereign; royalty. supreme and independent power or authority in government as possessed or claimed by a state or community. rightful status, independence, or prerogative. a sovereign state, community, or political unit.
Principal of Sovereignty it is not a matter of mere authority, but of supreme authority ! The holder of sovereignty is superior to all authorities under its purview For example: US Constitution over State Constitution
Nationality principle country has jurisdiction over its citizens no matter where they are located recognizes that a sovereign can adopt criminal laws which govern the conduct of the sovereign’s nationals while outside of the sovereign’s borders. has the effect of allowing a sovereign to adopt laws that make it a crime for its nationals to engage in conduct that is not illegal in the place where the conduct is performed
Nationality principle Example: it a crime for its nationals to engage is sexual relations with minors while outside of its borders It is illegal to pay bribes outside of its borders to public officials of another sovereign.
Territoriality principle nation has the right of jurisdiction within its legal territory bars states from exercising jurisdiction beyond its borders, unless they has jurisdiction under other principles such as the principle of nationality the passive personality principle the protective principle, the universal jurisdiction.
Protective principle every country has jurisdiction over behavior that adversely affects its national security, even if the conduct occurred outside that country
Protective principle For example, in Yunis, the hijacker had already spent seven years in a Malta prison when the US lured him to international waters to bring him to the U.S. for prosecution. We got Noriega by military invasion.
Doctrine of Comity Mutual respect for the laws, and government of other countries in the matter of jurisdiction over their own citizens In many countries, comity is effective only to the extent that foreign laws or judgments do not directly conflict with the forum country's public policy
Doctrine of Comity A code of etiquette that governs the interactions of courts in different states, localities and foreign countries. Courts generally agree to defer scheduling a trial if the same issues are being tried in a court in another jurisdiction. In addition, courts in this country agree to recognize and enforce the valid legal contracts and court orders of other countries. for example, the United States will not enforce foreign judgments (such as defamation judgments) that present a conflict with the strong free speech protections in the U.S.
Act of State Doctrine All acts of other governments are considered to be valid by U.S. courts, even if such acts are inappropriate in the U.S. a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation.