Rethinking Jurisdiction in International Law

Abstract

Because the word 'jurisdiction' is used by different writers to denote a wide variety of different things, it seems advisable to start by defining the senses in which the word is used in the present article. The first three parts of the article deal with the power of one State to perform acts in the territory of another State (executive jurisdiction), the power of a State's courts to try cases involving a foreign element (judicial jurisdiction) and the power of a State to apply its laws to cases involving a foreign element (legislative jurisdiction). The fourth part represents, in effect, the other side of the coin and examines the question whether States are under a legal duty to recognize the exercise of jurisdiction by other States.