State jurisdiction

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Territorial Sovereignty
One of the essential elements of statehood is territorial sovereignty. Territorial sovereignty denotes that the State exercises sovereignty over a definite territory over which it is entitled to enact binding laws for the inhabitants living within its territory and in respect of their property. It has the ownership over this territory. According to Max Huber, territorial sovereignty means independence over a definite territory to the exclusion of other States

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Example
An Englishman and a German murdered a Frenchman in France and thereafter run away to England. So long as they are in France, they can be arrested and tried by French Courts for they have committed the murder in France and the fact that they are foreigners does not make any difference. The very fact of their presence in France gives jurisdiction to the French Courts over them. Neither Germany nor England can interfere in this although they may demand their extradition. When they come to England, the English Courts can try the Englishman but not German Citizen
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Some exceptions of the exercise of jurisdiction:

1. Diplomatic agents:-Diplomatic agents enjoy certain privileges and immunities. They are immune from the jurisdiction of the civil and criminal Courts of the receiving State. 2. Foreign embassies:-Foreign embassies are often considered to be out-side the jurisdiction of the State in which they are situated. 3. Foreign sovereigns: - Foreign sovereigns are often treated to be outside the jurisdiction of other States -and possess many privileges and immunities. 4. Immunity in respect of public property of Foreign Sovereign State:- Like the person foreign sovereign, the property of the sovereign or the public property of the State also receives certain immunities and exemptions from the exercise of jurisdiction
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5. International Organizations:- International organizations also enjoy certain immunities and privileges from the jurisdiction of the States in which they are situated. For example, the United Nations International Labor Organization etc. enjoy several privileges and immunities. 6. Extradition Treaties.-According to the extradition treaties, the persons who run away from their country after committing crimes may be extradited. 7. Foreign Troops. As pointed out by Marshall, C.J.in The Schooner Exchange v. McFaddon a sovereign is understood to cede a portion of his territorial jurisdiction where he allows the troops of a foreign prince to pass through his dominions.
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Exercise of jurisdiction in case of collision of ships on high sea.

In case of collisions of two ships in the high seas, jurisdiction is ordinarily exercised by the State whose flag flies on the ship. However, on the basis of extraterritoriality that State which has been affected by the said collision may also exercise jurisdiction. The leading case on the point is S.S.Lotus.This matter has been discussed in detail below in connection with the criminal jurisdiction in international law.
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Criminal Jurisdiction in International Law: There are several views prevalent in connection with the criminal jurisdiction in international law. There is great controversy among the States in this connection. Following are the three main views prevalent in this connection
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1. According to the first view, each State can exercise criminal jurisdiction within its territory. This theory is popularly known as the theory of territoriality of criminal jurisdiction. This theory has been supported by great Britain, America and some other States. These States subscribe to the view that each State is entitled to exercise criminal jurisdiction only within its territory.

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2. The second view is also known as the theory of territoriality, but it admits certain exceptions to this general theory. France, Germany, etc are its chief supporters. Thus these States have accepted the theory of territoriality with certain modifications. According to them, a State may exercise criminal jurisdiction even outside its territory on the basis of the national security and on economic grounds
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3. The third theory is popularly known as the theory of extra territoriality. Turkey, Italy ere are its chief supporters. According to this theory crime is a social evil and it is in the interest of whole international community to ensure that the criminals get due punishment. In international field, there are many such matters in which the States exercise criminal jurisdiction even outside their territory
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Criminal jurisdiction of the Coastal State in the Territorial Sea

The sovereignty of a coastal also extends to its territorial sea. This is however subject to the condition that ships of all States enjoy the right of innocent passage through the territorial sea. So far merchant ships are concerned, Article 19 of the Geneva Convention on the territorial sea and the contiguous zone, 1958, provides that the criminal jurisdiction of coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation
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State Jurisdiction According to the Universal Principle:

As pointed out by Starke, "An offence subject to Universal jurisdiction is one which conies; under the jurisdiction of all States wherever it be committed. In as much as by general admission the offence is contrary to the interests of the international community, it is treated as a delict jure gentium and all States are entitled to apprehend and punish the offenders. Clearly the purpose of conceding Universal jurisdiction is to ensure that no such offence goes unpunished. As regards war crimes, it is now generally agreed that States have Universal jurisdiction to apprehend, arrest and try the persons accused of war crimes.

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QUESTIONS?????
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