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The Lotus case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled, by a bare majority, that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence , even ...
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation or adjudicate any rights involving them.
Cedric Ryngaert, Professor of Public International Law and Head of the Department of International and European Law at Utrecht University, noted that a state asserting jurisdiction over crimes committed in other jurisdictions would still prosecute in the state's own territorial courts.
Jurisdiction (from Latin juris 'law' + dictio 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice.In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal).
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. [ 1 ]
The term territorial state is used to refer to a state, typical of the High Middle Ages, since around 1000 AD, and "other large-scale complex organizations that attained size, stability, capacity, efficiency, and territorial reach not seen since antiquity."
In case law, the High Court of Australia has never defined the meaning of comity in Australian law. [44] However, the High Court has adopted and approved the definition of comity from the United States Supreme Court in Hilton v Guyot, with the first reference to it being in 1999 in the decision of Lipohar v The Queen. [ 44 ]
All territory under the control of the federal government is considered part of the "United States" for purposes of law. [3] From 1901 to 1905, the U.S. Supreme Court in a series of opinions known as the Insular Cases held that the Constitution extended ex proprio vigore to the territories. However, the Court in these cases also established the ...