Territoriality principle

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The territoriality principle gives legal authority for a state to exercise jurisdiction in a case, due to location of the crime. This principle also bars states from exercising jurisdiction beyond its borders, though with some possible exceptions including the principle of nationality, passive personality principle, the protective principle, and possibly the universal jurisdiction in extreme cases of human rights violations.[1]

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 that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence, even though the incident happened beyond Turkey's boundaries.[2] 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.[2]

Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization and the Internet. The applicability of this principle also was in question, with the case against Augusto Pinochet and other cases of transnational justice.[3]

vs. Personality principle, which is: The basis on which it is stated that Law is Law according to legal rules from where one comes from. (Laws practiced according to tribe of origin)

[edit] References

  1. ^ Randall, Kenneth C. (July 2004). "Recent Book on International Law: Book Review - Universal Jurisdiction: International and Municipal Legal Perspectives". American Journal of International Law. 
  2. ^ a b Murphy, Sean D. (2006). Principles of International Law. Thomson West. ISBN 0314163166. 
  3. ^ 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.