The Concept of Jurisdiction in International Law

1 The Concept of Jurisdiction in International Law Cedric Ryngaert, Professor of International Law, Utrecht University In this chapter, the Concept of Jurisdiction as exercised by States (or regional organizations such as the European Union) is concerned. Such Jurisdiction is concerned with the reach of a State s law: what link, if any, is required for a State to apply its laws to situations and persons? Jurisdiction is an aspect of a State s sovereignty, as the right to prescribe and enforce laws is an essential component of statehood. In the classic Westphalian understanding, this right has been limited to a State s territory, a limitation that at the same time ensures that no State intervenes in another State s affairs (Section 1). This idea is no longer strictly applied, if it ever was. Exceptions that allow for limited extraterritorial Jurisdiction have been carved out, and, moreover, the territoriality principle has been construed rather liberally (Section 2).

In public international law, the concept of jurisdiction has traditionally had a strong link with ... 4 See, eg, PS Berman, ‘Global Legal Pluralism’, (2007) 80 Cal L Rev 1155. 3 that the steady increase in global communication, and especially the explosion of the Internet

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