Common Law and Civil Law justice systems, Islamic Law
Topic:
Extraterritorial Enforcement Jurisdiction
over Foreign Pirates and Vessels
In the international legal system, the territorial jurisdiction is the fundamental element of the sovereignty principle. The other jurisdiction principles, such as the protective principle and universal principle, all are based on, and are the derivative and development of, the territorial principle. In some certain situations and occasion, for example, for the piracy, all of the countries in the world can exercise the universal jurisdiction only if such piracy crimes don't occur in the territory and territorial sea of other countries, and for the foreign vessels, though from the point of view customary international law, it is considered as the extension of territory of one country, and flag country has the exclusive jurisdiction for the ship and the conducts occurring in the ship, in the “Lotus” case, there are much broader explanation for the traditionally territorial principle, and the objective territory didn’t only include the place of where acts occur, but also include the place of where results of acts occur. These all employ the extraterritorial effect of jurisdiction. The territorial jurisdiction is not the sole jurisdiction principle applied to the international offences and crimes. Thus, the theory of jurisdiction in the international law is developed and updated.

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课程专业：预防跨国犯罪课程
学校背景：澳大利亚卧龙岗大学（重点大学）
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学校背景：澳洲排名前十

Questions:
1. What are the differences in nature and geographic scope of prescriptive and enforcement powers over criminal matters?
I. No state may exercise enforcement jurisdiction outside its own territory in the absence of legislative jurisdiction.
II. The mere existence of legislative jurisdiction is insufficient to justify the state to exercise enforcement jurisdiction in another state’s territory.
III. The mere fact that a state can enforce its legislation within its own territory and in this sense has enforcement jurisdiction, does not mean that it necessarily has legislative jurisdiction, and does not therefore render the enforcement valid in public international law.

2. Describe the four legal bases used in international law for extraterritorial prescription of criminal jurisdiction.

I. The Territorial Principle, under which jurisdiction is exercised over crimes committed on the state’s territory.
II. The Nationality Principle, under which jurisdiction is based on the nationality of the perpetrator.
III．The Protective Principle, under which courts posses jurisdiction