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2 Public International Law Approaches to Jurisdiction

From: Jurisdiction in International Law (2nd Edition)

Cedric Ryngaert

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 April 2024

Jurisdiction — Customary international law

This chapter discusses two public international law approaches to jurisdiction. The first approach was taken by the Permanent Court of International Justice in the 1927 Lotus case. The second approach, which purportedly reflects customary international law, has been taken by most States and the majority of the doctrine. Under this approach, States are not authorized to exercise their jurisdiction, unless they could rely on such permissive principles as the territoriality, personality, protective and universality principles. It remains unclear which doctrine has the upper hand. For purposes of shifting the burden of proof to the other party, States who assert their jurisdiction tend to rely on Lotus, whereas States who oppose another State’s jurisdictional assertions tend to rely on the permissive principles approach.

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