From Wikipedia, the free encyclopedia
Principle in international law
The
territorial principle
(also
territoriality principle
) is a principle of
public international law
which enables a
sovereign state
to exercise exclusive
jurisdiction
over individuals and other legal persons within its territory. It includes both the right to prosecute individuals for criminal offences committed within its borders, as well as the right to arrest and apprehend individuals within its territory.
[1]
Its corollary bars states from exercising jurisdiction within the territory of other states without their express consent, unless such an exercise can be based on other principles of jurisdiction, such as the principle of nationality, the
passive personality principle
, the protective principle, and possibly, the principle of
universal jurisdiction
.
[2]
The
Lotus
case
was a key court ruling on the territoriality principle. In 1926, a
French
vessel collided with a
Turkish
vessel, causing the death of several Turkish nationals. The
Permanent Court of International Justice
ruled, by a bare majority, that Turkey had jurisdiction to try the French naval lieutenant for
criminal negligence
, even though the incident happened beyond Turkey's boundaries.
[3]
This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens.
[3]
Questions have surfaced regarding how the territoriality principle applies with the rise of
globalization
and the
Internet
. The applicability of this principle was in question with
the case against
Augusto Pinochet
and other cases of transnational justice.
[4]
See also
[
edit
]
References
[
edit
]
- ^
Crawford, James, 1948- (2019).
Brownlie's principles of public international law
. Brownlie, Ian. (Ninth edition, James Crawford ed.). Oxford.
ISBN
978-0-19-873744-5
.
OCLC
1135744837
.
{{
cite book
}}
: CS1 maint: location missing publisher (
link
) CS1 maint: multiple names: authors list (
link
) CS1 maint: numeric names: authors list (
link
)
- ^
Randall, Kenneth C. (July 2004). "Recent Book on International Law: Book Review - Universal Jurisdiction: International and Municipal Legal Perspectives".
American Journal of International Law
.
doi
:
10.2307/3181667
.
JSTOR
3181667
.
- ^
a
b
Murphy, Sean D. (2006).
Principles of International Law
. Thomson West.
ISBN
0-314-16316-6
.
- ^
Perez, Antonio F. (March 22, 2000). "The perils of Pinochet: problems for transitional justice and a supranational governance solution; international criminal justice and amnesty; Augusto Pinochet and Fidel Castro".
Denver Journal of International Law and Policy
.