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4 Allocating Competence: Jurisdiction

From: Problems and Process: International Law and How We Use It

Rosalyn Higgins

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2023

Jurisdiction of states, universality principle — Jurisdiction of states, passive personality principle — Jurisdiction of states, conflicts — Jurisdiction of states, extra-territorial — Erga omnes obligations — Diplomatic protection — Crimes against humanity — War crimes
In Chapters 1–3 I discussed what international law is, and what function it serves; how we identify its substantive content; and to whom it applies. This was the introductory section of a book designed to show that, if we do not insist upon international law as the mechanistic application of rules, without regard to context, it is a system that can assist in the avoidance, containment, and resolution of disputes. Chapters 4–15 show some of the ways in which international law helps to avoid conflicts. Of critical importance is the issue of jurisdiction, because...
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