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Principal of Sovereignty

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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 ... – PowerPoint PPT presentation

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Title: Principal of Sovereignty


1
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.

2
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

3
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 sovereigns
    nationals while outside of the sovereigns
    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

4
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.

5
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.

6
Protective principle
  • every country has jurisdiction over behavior that
    adversely affects its national security, even if
    the conduct occurred outside that country

7
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.

8
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

9
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.

10
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.
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