Jump to Content Jump to Main Navigation
The Oxford Handbook of the Theory of International Law edited by Orford, Anne; Hoffmann, Florian (2nd June 2016)

Part III Regimes and Doctrines, Ch.30 Theorizing Jurisdiction

Gregor Noll

From: The Oxford Handbook of the Theory of International Law

Edited By: Anne Orford, Florian Hoffmann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 June 2019

Subject(s):
Responsibility of international organizations — Customary international law — General principles of international law — Relationship of international law & host state law — Sources of international law

This chapter illustrates jurisdiction as an attachment played out in a triangle. This triangle links the creator of jurisdictional entitlement to its holder and to the share of the world to which it relates. To exemplify, the share of the world might be a human being, a company, a territory, or a particular deed subjected to jurisdiction. The holder of jurisdictional entitlement is a state or a court. The creator of jurisdictional entitlement might be a worldly entity such as a number of states (endowing a human rights court with jurisdiction). Or a less tangible entity might be set as the creator (endowing the sovereign state with worldly jurisdiction). This triangle of attachments thus leads to two issues, which is elaborated further on in the chapter.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.