The extent of the jurisdictional power of States has been disputed since the 1927 PCIJ decision in the Lotus case. Two doctrinal approaches hence emerged and consolidated: one embracing the Court’s position and underlying the inherent and unbridled nature of States’ jurisdiction; the other positing that States’ jurisdiction is not innate but rather granted to States by international law. According to the latter view, a permissive norm under international law would be required in order for a State to exercise extraterritorial jurisdiction. Nearly a century later, not much seems to have changed. The legitimacy of exorbitant fora provided by national legal orders, however tempered by judicial self-restraint, is still debated. The ECtHR decision in the Naït-Liman case yet confirms this assessment.
Limitations to the Exercise of Civil Jurisdiction in Areas Other than Reparation for International Crimes
Fabrizio Marongiu Buonaiuti
2020-01-01
Abstract
The extent of the jurisdictional power of States has been disputed since the 1927 PCIJ decision in the Lotus case. Two doctrinal approaches hence emerged and consolidated: one embracing the Court’s position and underlying the inherent and unbridled nature of States’ jurisdiction; the other positing that States’ jurisdiction is not innate but rather granted to States by international law. According to the latter view, a permissive norm under international law would be required in order for a State to exercise extraterritorial jurisdiction. Nearly a century later, not much seems to have changed. The legitimacy of exorbitant fora provided by national legal orders, however tempered by judicial self-restraint, is still debated. The ECtHR decision in the Naït-Liman case yet confirms this assessment.File | Dimensione | Formato | |
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F. Marongiu Buonaiuti - Limitations to the exercise of civil jurisdiction in other areas.pdf
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