Essay On Judicial Jurisdiction
I. INTRODUCTION
In International Law, jurisdiction is related to the concept of sovereignty and territory. In order to become a state, it must have territory and when a state has territory it is sovereign; and sovereign means it has supreme authority within its territory and is politically and legally independent with power to affect people, property and circumstances within its territory.
Jurisdiction on people and property is an important and crucial part of state sovereignty. According to Shaw, jurisdiction is concerning about the power of state under international law to regulate or otherwise impact upon people, property and circumstances and reflects the basic principles of state sovereignty, equality of states and non-interference in
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To make binding laws within its territory, prescriptive jurisdiction is referring to the supremacy of the organs that constitutionally recognized of the state.
Enforcement Jurisdiction has a meaning of the enforcement of the laws that only allowed within the state territory itself. A State cannot enforce its laws on the foreign territory without the permission or agreement from the host state; or else it will be liable for a violation of International Law.
Judicial jurisdiction is concerning about a particular country’s power courts of to try cases in which a foreign factor is present. In criminal judicial jurisdiction, the range is from the territorial principle to the universality principle; and in civil judicial jurisdiction, the range is from the mere presence of the defendant in the country to the nationality and domicile principles.
In implementing the jurisdiction, there are four types of immunities from jurisdiction under international law which are Sovereign Immunity, Diplomatic Immunity, Consular Immunity, and Immunities of International
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