Download Principal of Sovereignty

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.