concept of state jurisdiction: Prescriptive jurisdiction : “to prescribe, i.e. , to make its law applicable to the activities, relations, or status of persons, or the interests of persons in things, whether by legislation, by executive act, or order, by administrative rule or recognition, or by
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Arron N. Honniball
Koh, Harold Hongju
A. Types of conflicts pp. 42 B. Prescriptive jurisdiction and the effects doctrine pp. 48 C. Legislative intent and the hardened presumption against extraterritoriality pp. 63 D. Hartford Fire Insurance pp. 68 E. Whither extraterritoriality ? pp. 71
Marine Protected Areas in International Law
An Arctic perspective
Series:
Ingvild Ulrikke Jakobsen
Marine Protected Areas in International law – an Arctic perspective, introduces and analyzes the legal rights and obligations of states under international law, using Marine Protected Areas (MPAs) as a tool to protect marine biodiversity. The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas. The conservation of Arctic marine biodiversity is a pressing and global concern, not least because the melting of sea ice will have widespread effects. By analyzing regional cooperation through the OSPAR Convention and under the Arctic Council, Jakobsen examines the implementation of the global legal framework for biodiversity protection and conservation in the Arctic. The book has a particular focus on the possibilities of the states to regulate shipping within the MPAs, as the increasing shipping activities represent a major threat to the sensitive marine Arctic.
Series:
Anton Moiseienko
of jurisdiction into three types: prescriptive, enforcement and adjudicatory. Yet whether denial of entry involves the exercise of either of these types of jurisdiction is in fact far from clear. Prescriptive jurisdiction traditionally refers to setting out rules that their addressees are expected to
Terry O. Adido
transplant tourism abroad. Continuing from the discussions in Chapter 5 , this Chapter focuses on the prohibition of transplant tourism by national legal systems using public international law principles that allow States to stretch their prescriptive jurisdiction beyond their geographical boundaries
Prosecution of War Crimes by Invading and Occupying Forces
Applicable Legislation and Competent Courts
Festus M. Kinoti
: prescriptive jurisdiction (“the competence to prescribe the ambit of municipal laws”), 22 adjudicatory jurisdiction (“jurisdiction competence of courts to apply national laws”), 23 and enforcement jurisdiction (the jurisdiction of the State to enforce compliance with its own law via its enforcement agencies
Cedric Ryngaert and Henrik Ringbom
jurisdiction is territorial, analytically speaking one needs to carefully distinguish between port state prescriptive jurisdiction and port state enforcement jurisdiction. This distinction sometimes appears to be insufficiently made in the discussion on psj . Logically, the exercise of psj is an
Sebastian tho Pesch
is supplemented by the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf ( sua prot 1988). 43 Only sua prot 1988 and its amendment apply to installations directly. It gives coastal States prescriptive jurisdiction over acts on
Millicent McCreath
, the extensive coastal State prescriptive jurisdiction in internal waters, territorial sea and archipelagic waters means that obtaining approval through the imo of its associated protective measures is not always legally necessary. However, there may be other reasons beyond international law to
Journal Article
In Asia-Pacific Journal of Ocean Law and Policy
Edited by Seokwoo Lee and Clive H. Schofield
- 09 Dec 2017
Series:
Valerie Demedts
that are sovereign in their own territory. Sovereign states became the primary subjects of international law as they came to be the sole responsible for the regulation of any matter that arose within their territory. 4 This sovereignty entails three kinds of jurisdiction. Prescriptive jurisdiction 5
