An Analysis of the Case Law of the International Court of Justice on the Paradigm Shift in Jurisdiction and its Interaction with Other Critical Principles of International Law

25 Pages Posted: 23 Feb 2017

See all articles by Joshua Niyo

Joshua Niyo

Uganda Christian University; The Graduate Institute, Geneva.

Date Written: December 2016

Abstract

On the international plane, there has been an increasing encroachment on the sanctity of the domaine réservé of states, through the necessity to extend the regular notion of territorial jurisdiction, extraterritorially. In this regard therefore, there has been a paradigm shift in the way that jurisdiction is viewed, due to the contemporary challenges posed at the international level. This paper seeks to situate the extensions of jurisdiction within the existing framework governing jurisdictional competence, emphasizing the value of the paradigm shift in addressing critical contemporary challenges on the international stage. This is achieved primarily through an analysis of the case law of the International Court of Justice on matters of extraterritorial jurisdiction.

Keywords: International Law, Jurisdiction, Extraterritorial, Universal Criminal Jurisdiction, Erga Omnes, Human Rights, Environmental Harm

JEL Classification: K33

Suggested Citation

Niyo, Joshua, An Analysis of the Case Law of the International Court of Justice on the Paradigm Shift in Jurisdiction and its Interaction with Other Critical Principles of International Law (December 2016). Available at SSRN: https://ssrn.com/abstract=2921962 or http://dx.doi.org/10.2139/ssrn.2921962

Joshua Niyo (Contact Author)

Uganda Christian University ( email )

P.O. Box 4
Bishop Road
Mukono, Mukono
Uganda
+256 712 733 079 (Phone)

HOME PAGE: http://ucu.ac.ug

The Graduate Institute, Geneva. ( email )

Case postale 1672
Geneva, 1211
Switzerland

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