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Journal articles on the topic 'Jurisdictional issues'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

Medvedieva, Maryna. "Jurisdictional issues in the Ogoni case." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 332–37. http://dx.doi.org/10.36695/2219-5521.3.2020.60.

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The article analyzes the Ogoni case, which combines several high-profile lawsuits in the courts of Nigeria, the United States, theNetherlands, the United Kingdom, the African Commission on Human Rights, and the Court of Justice of the Economic Communityof West Africa. Practical issues related to the jurisdiction of states are covered, namely, extraterritorial jurisdiction, universal jurisdictionin civil matters, ‘piercing the corporate veil’, ‘forum shopping’, doctrines ‘forum non conveniens’, ‘forum necessitatis’, etc. The Ogonicase demonstrated the diversity and complexity of jurisdictional issues at the national and international levels. Although in terms ofjurisdiction the courts of Nigeria were the most appropriate forum to bring an action in this case, due to the inefficiency of the Nigerianjudicial system, the plaintiffs appealed to other jurisdictions. The Wiwa and Kiobel cases before the US courts can be considered asexamples of an attempt, albeit unsuccessful, to implement the extraterritorial application of US national law and to apply the principleof universal jurisdiction in civil tort cases. US courts have denied the plaintiffs’ claims under the ‘forum non conveniens’ doctrine andrefused to apply extraterritorially the American tort law to corporations located and registered in other states. In the Akpan case, theDistrict Court of the Netherlands refused to ‘pierce the corporate veil’, but the Court of Appeal ruled that it had jurisdiction to hear thacase concerning both Shell and the Nigerian subsidiary. In the Kiobel case, which is also before the courts of the Netherlands, an alternativebasis for jurisdiction was used – ‘forum necessitatis’. In the Okpabi case, the British courts have so far refused to recognize theirjurisdiction. It should be noted that the Wiwa and Kiobel cases concern the liability of Shell and SPDC for human rights violations,while the Akpan and Okpabi cases concern the civil liability for environmental damage. The above proceedings in national and internationalcourts are a clear example of ‘forum shopping’. The case was considered by the African Commission on Human Rights, whichrecognized its jurisdiction despite the absence of domestic remedies exhaustion, and by the West African Economic Community Court,which recognized its jurisdiction to hear the case under the African Charter as well as international covenants on human rights.
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2

Medvedieva, Maryna. "Jurisdictional issues in the Ogoni case." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 332–37. http://dx.doi.org/10.36695/2219-5521.3.2020.13.

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The article analyzes the Ogoni case, which combines several high-profile lawsuits in the courts of Nigeria, the United States, theNetherlands, the United Kingdom, the African Commission on Human Rights, and the Court of Justice of the Economic Communityof West Africa. Practical issues related to the jurisdiction of states are covered, namely, extraterritorial jurisdiction, universal jurisdictionin civil matters, ‘piercing the corporate veil’, ‘forum shopping’, doctrines ‘forum non conveniens’, ‘forum necessitatis’, etc. The Ogonicase demonstrated the diversity and complexity of jurisdictional issues at the national and international levels. Although in terms ofjurisdiction the courts of Nigeria were the most appropriate forum to bring an action in this case, due to the inefficiency of the Nigerianjudicial system, the plaintiffs appealed to other jurisdictions. The Wiwa and Kiobel cases before the US courts can be considered asexamples of an attempt, albeit unsuccessful, to implement the extraterritorial application of US national law and to apply the principleof universal jurisdiction in civil tort cases. US courts have denied the plaintiffs’ claims under the ‘forum non conveniens’ doctrine andrefused to apply extraterritorially the American tort law to corporations located and registered in other states. In the Akpan case, theDistrict Court of the Netherlands refused to ‘pierce the corporate veil’, but the Court of Appeal ruled that it had jurisdiction to hear thacase concerning both Shell and the Nigerian subsidiary. In the Kiobel case, which is also before the courts of the Netherlands, an alternativebasis for jurisdiction was used – ‘forum necessitatis’. In the Okpabi case, the British courts have so far refused to recognize theirjurisdiction. It should be noted that the Wiwa and Kiobel cases concern the liability of Shell and SPDC for human rights violations,while the Akpan and Okpabi cases concern the civil liability for environmental damage. The above proceedings in national and internationalcourts are a clear example of ‘forum shopping’. The case was considered by the African Commission on Human Rights, whichrecognized its jurisdiction despite the absence of domestic remedies exhaustion, and by the West African Economic Community Court,which recognized its jurisdiction to hear the case under the African Charter as well as international covenants on human rights.
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3

Loewen, Peter John, and Michael Kenneth MacKenzie. "Service Representation in a Federal System: A Field Experiment." Journal of Experimental Political Science 6, no. 02 (November 21, 2018): 93–107. http://dx.doi.org/10.1017/xps.2018.21.

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AbstractFederal systems can also provide citizens with multiple avenues to obtain service representation. In shared issue areas, citizens are officially represented by two sets of politicians. When politicians are willing to cross jurisdictional boundaries, citizens might also obtain help or information from more than one set of politicians, even in areas of exclusive jurisdiction. We report an experiment designed to examine responses to requests for assistance in different issue areas. Our sample includes 202 Canadian politicians, each of whom received two requests for assistance from fictional constituents. We show that federal arrangements can enhance service representation. On average, politicians are as helpful on issues of shared jurisdiction as issues of exclusive jurisdiction. They are less helpful for issues outside of their jurisdiction. These results suggest that federal arrangements can work to provide citizens with multiple access points to their representative, even in areas that fall outside their representatives’ jurisdictional purviews.
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4

Svantesson, Dan. "JURISDICTIONAL ISSUES IN CYBERSPACE." Computer Law & Security Review 17, no. 5 (September 2001): 318–25. http://dx.doi.org/10.1016/s0267-3649(01)00507-6.

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5

Svantesson, Dan. "JURISDICTIONAL ISSUES IN CYBERSPACE." Computer Law & Security Review 18, no. 3 (May 2002): 191–96. http://dx.doi.org/10.1016/s0267-3649(02)00511-3.

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6

Svantesson, Dan Jerker B. "Against ‘Against Data Exceptionalism’." Masaryk University Journal of Law and Technology 10, no. 2 (September 18, 2016): 200–211. http://dx.doi.org/10.5817/mujlt2016-2-4.

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The April 2016 issue of the Stanford Law Review (Volume 68, Issue 4) contains an interesting article by Assistant Professor Andrew Keane Woods. In that article, titled ‘Against Data Exceptionalism’, Woods seeks to challenge the view that the nature of data is incompatible with existing territorial notions of jurisdiction. He argues that the nature of data is not unique, and that existing jurisdictional principles rooted in territoriality can be applied to data.This is my response to his claims. I argue that Woods fails to refute ‘data exceptionalism’, and that his description of relevant jurisdictional issues is based on a misunderstanding leading to a conflation of different jurisdictional questions.
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7

Morrison, Andra. "SCANNING THE HORIZON IN A DECENTRALIZED HEALTHCARE SYSTEM: THE CANADIAN EXPERIENCE." International Journal of Technology Assessment in Health Care 28, no. 3 (July 2012): 327–32. http://dx.doi.org/10.1017/s0266462312000323.

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Canada has a highly decentralized health care system with 13 provinces and territories delivering health care within their own respective jurisdictions. Decisions regarding which innovative health technologies to adopt are often driven by the unique health care priorities of each jurisdiction's population. To understand these needs, the Canadian Agency for Drugs and Technologies in Health's (CADTH's) Early Awareness Service has expanded its activities. In addition to proactively scanning the horizon for new and emerging health technologies, the Early Awareness Service also scans the horizon for national and jurisdictional health policy issues. This paper looks at CADTH's process for identifying and monitoring policy issues at a national and jurisdictional level.CADTH's Early Awareness Service delivers timely information on emerging health care concerns and technologies that may affect health care finances, facilities, operations, and patient care. The identification of important policy issues can help determine which new and emerging technologies will have the most significant impact on the health care system. The information that CADTH scans can also be used to help decision-makers prepare for potential developments and events that may have an impact on health care systems.By improving its capability to identify and share policy issues across and within jurisdictions, CADTH is better situated to provide information that can be used by policy-makers to help them plan and anticipate for the introduction of new technologies and future developments affecting the unique health care needs of their jurisdictions.
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8

Zugelder, Michael T., Theresa B. Flaherty, and Irvine Clarke. "Jurisdictional Issues for Electronic Marketing." Journal of Internet Commerce 2, no. 3 (June 2003): 11–26. http://dx.doi.org/10.1300/j179v02n03_03.

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9

Poore, Ralph Spencer. "Jurisdictional Issues in Global Transmissions." EDPACS 32, no. 5 (November 2004): 7–16. http://dx.doi.org/10.1201/1079/44726.32.5.20041101/84314.2.

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10

Jones, Bryan D., Frank R. Baumgartner, and Jeffery C. Talbert. "The Destruction of Issue Monopolies in Congress." American Political Science Review 87, no. 3 (September 1993): 657–71. http://dx.doi.org/10.2307/2938742.

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Scholars studying congressional committees have noted the potential for members to seek membership on particular committees, leading to bias. Underpinning this line of scholarship is what might be termed a theory of comparative committee statics, characterized by a cross-sectional empirical approach. We present a new approach that focuses on the dynamics of jurisdictional control. By following a series of issues through the committee hearing process, we show that there is indeed significant issue bias in particular committee venues. However, we also find that new committees often claim jurisdiction over issues as they are redefined in the political process. The degree of jurisdictional monopoly enjoyed by different committees has been overlooked in the literature on this topic in spite of its importance in determining the nature of representation of interests in Congress.
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11

Eichberger, Fabian Simon. "Give a Court an Inch and It Will Take a Yard? The Exercise of Jurisdiction over Incidental Issues." Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law 81, no. 1 (2021): 235–64. http://dx.doi.org/10.17104/0044-2348-2021-1-235.

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This article seeks to clarify how international courts and tribunals should decide whether to exercise jurisdiction over incidental issues. It considers such issues incidental, which would fall outside the subject-matter jurisdiction of an international court or tribunal if submitted separately, but which courts rule upon to resolve disputes falling within their jurisdiction. International courts and tribunals have employed diverse approaches to decide whether to exercise jurisdiction over incidental issues. This contribution will assess their decisions to distil what criteria are best suited to ensure the effectiveness of the underlying treaty while taking into account the fundamental importance of state consent for judicial dispute settlement. It concludes that the necessity to exercise jurisdiction over the incidental issue and the nature of the issue should be the guiding criteria for international courts and tribunals, while the character of the jurisdictional basis may serve as supplementary criterion.
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12

Gillespie, A. A. "Jurisdictional issues concerning online child pornography." International Journal of Law and Information Technology 20, no. 3 (August 8, 2012): 151–77. http://dx.doi.org/10.1093/ijlit/eas007.

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13

Razmetaeva, Yulia, Hanna Ponomarova, and Iryna Bylya-Sabadash. "Jurisdictional Issues in the Digital Age." Ius Humani. Law Journal 10, no. 1 (April 12, 2021): 167–83. http://dx.doi.org/10.31207/ih.v10i1.240.

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The article addresses some aspects of the key challenges for legal reality and legal systems in the digital age with a focus on jurisdictional issues in special attention to cyberspace, given its independent value and self-regulatory nature. The article suggests that regarding issues through the prism of a universal human rights approach could be a pillar for resolving existing and potential digital conflicts, prevent cybercrimes. The general legal framework in light of this approach is proposed here. The article discusses scenarios for solving jurisdictional problems: (i) global—focuses on the idea that a single worldwide legal framework and a universal regulation mechanism are possible; (ii) fragmented—partly considers the possibility of a single legal framework (or a set of agreements) and rely mainly on regional mechanisms; and (iii) national—each legal system is capable of providing and effective response to the threats of the digital age and aligns its legislation and judicial practice with the latter. Finally, it is suggested to focus on the prevention and mitigation of negative consequences of the activities of all subjects of law.
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14

Reinisch, August. "Jurisdiction and Admissibility in International Investment Law." Law & Practice of International Courts and Tribunals 16, no. 1 (June 21, 2017): 21–43. http://dx.doi.org/10.1163/15718034-12341340.

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The distinction between jurisdictional and admissibility issues in investment arbitration is becoming more and more relevant. This results from an emerging jurisprudence emphasizing that a tribunal that lacks jurisdiction will have to dismiss a case brought before it, while it has discretion whether to dismiss a claim for reasons of inadmissibility, in particular, because the latter defects may be curable. Conceptually this difference is rooted in the idea that “jurisdiction is an attribute of a tribunal and not of a claim, whereas admissibility is an attribute of a claim but not of a tribunal”,1 with the consequence that “[t]he concept of ‘admissibility’ refers to the varied reasons that a tribunal, although it has jurisdiction, may decline to hear a case or a claim.”2 This overview article will briefly outline a number of issues in regard to which investment tribunals have disagreed whether to qualify them as jurisdictional or admissibility-related. These range from so-called waiting periods, requiring investors to first seek amicable dispute settlement or to litigate before national courts, to express or implied “in accordance with host state law”-clauses. This article argues that the outcomes of many of these cases, which often appear to be inconsistent, may be explained on the basis of different conceptual qualifications as jurisdictional or admissibility-related issues.
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15

Warner, Robin. "Jurisdictional Issues for Navies Involved in Enforcing Multilateral Regimes Beyond National Jurisdiction." International Journal of Marine and Coastal Law 14, no. 3 (1999): 321–32. http://dx.doi.org/10.1163/157180899x00165.

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AbstractThe traditional freedoms of the high seas, set out in Article 87 of the 1982 United Nations Law of the Sea Convention, are now overlaid with a network of conventional international law provisions which seek to regulate a wide range of criminal activity, the taking of resources and environmental despoliation occurring on the high seas. Many of these regimes impose enforcement obligations on states parties but contain scant detail as to the practical mechanisms for enforcement. The high seas as an arena for maritime law enforcement presents new challenges for navies charged with implementing co-operative regimes. The development of uniform enforcement procedures and an equitable division of enforcement responsibility among regional navies or regional maritime security forces is essential if high seas regimes are to be implemented effectively. This article identifies some of the jurisdictional issues which can arise for navies or maritime security forces tasked with enforcing multilateral regimes beyond national jurisdiction.
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16

Dobson, Natalie L. "Exploring the Crystallization of ‘Climate Change Jurisdiction’: A Role for Precaution?" Climate Law 8, no. 3-4 (October 31, 2018): 207–28. http://dx.doi.org/10.1163/18786561-00803007.

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Amidst the lively discussion on legal fragmentation and climate change, this article seeks to highlight the windows for the potential interaction of jurisdictional and environmental norms. This is relevant for climate-protective trade measures, which, it is argued, are not exhaustively regulated by WTO law. Exploring the contours of ‘climate change jurisdiction’ in customary international law, the article considers how the traditional jurisdictional principles may be operationalized in the untested territory of cumulative and uncertain environmental harm. With their origins in criminal and economic law, the jurisdictional principles were not originally designed for these challenges. This paper argues that the environmental norm of precaution, which originated out of a need to respond to complex threats, should have a role to play. Precaution governs issues of state regulatory competence in the face of scientific uncertainty. Particularly in relation to questions of foreseeability and causation, this norm may be helpful in navigating the application of the abstract jurisdictional principles, providing opportunities for synergy in the crystallization of the climate change jurisdiction.
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17

Songnian, Ying, and Dong Hao. "Institutional and Jurisdictional Issues in Administrative Reconsideration." Chinese Law & Government 24, no. 3 (October 1991): 69–77. http://dx.doi.org/10.2753/clg0009-4609240369.

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18

Grušić, Uglješa. "UNJUST ENRICHMENT AND THE BRUSSELS I REGULATION." International and Comparative Law Quarterly 68, no. 04 (October 2019): 837–68. http://dx.doi.org/10.1017/s0020589319000381.

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AbstractThis article examines how the jurisdictional rules of the recast of the Brussels I Regulation, namely the rules of exclusive jurisdiction for immovable property and company law and governance matters and the rules of special jurisdiction for contracts and torts, deal with unjust enrichment claims and issues concerning unjust enrichment. It also asks whether a new special jurisdiction rule for unjust enrichment should be added to the Regulation.
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19

Gombos, Katalin. "Rules of jurisdiction in the new Hungarian private international law." Hungarian Journal of Legal Studies 61, no. 1 (July 5, 2021): 52–70. http://dx.doi.org/10.1556/2052.2021.00285.

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AbstractOn 1 January 2018, a new act entered into force in Hungary. This act is the new code of private international law in Hungary. The basic purpose of this article is to present the jurisdictional rules of the new law. In the description I discuss how the new act differs from the rules of the old code. In addition, I focus on international and European trends in private international law. I also examine the extent to which the new Hungarian code complies with these trends, as well as discussing the peculiarities of the Hungarian regulation. The new Code uses the concept of jurisdiction as a rule for the ‘international distribution’ of cases and in the sense of public international law. Therefore, I also address in this article the definition of jurisdiction and other conceptual issues, the doctrines of immunity and the description of the jurisdictional system of the Code. I present the relationship between international, European and Hungarian rules which are relevant in private international law. In addition, I provide an overview of the novel system of jurisdictional rules in the Code.
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20

Morrow Sr, Paul J. "Assessing Multinational Global Cyber Business Risk Of Cyberattacks – Minimizing The Risk Of Loss Due To Wrongful Jurisdiction." Journal of Cybersecurity Research (JCR) 2, no. 1 (May 17, 2017): 5–12. http://dx.doi.org/10.19030/jcr.v2i1.9961.

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In Cyberspace, more and more, corporations with global holdings are seeking excellence in business around the world mostly by Internet. In order to do business, several legal and economic developments must be explored to assess the risks and practicalities involving the new legal issues created by cyberspace. Compliance officers, because of their responsibilities to develop cybersecurity plans, need to understand the personal jurisdictional effects test and the subject matter test to assess risk of loss. Jurisdiction as to what court or what administrative agency has authority to decide a particular case is critical to the success of a recovering party filing a lawsuit seeking damages for a cyberattack. The jurisdictional nuances analyzed in this paper offer a gradual development of the leading court and administrative cases for guidance on the issues. This paper is worth your time because: 1) it examines the inconsistent and obscure legal standards for jurisdiction in cyber space including cyberattacks, 2) it shows the places and methods used by both the Federal Trade Commission and the Courts having jurisdiction over cyberattack litigation, 3) it gives the recommendations for U.S. and international corporations on the subject of cyber jurisdiction. All of this is supported by current case law and journal articles involving cybersecurity to help minimize the mistakes that I have observed in the practice saving time and money. This is a new technology area of inquiry facing many corporate legal departments, and IT managers today. So, this paper involves the legal/business research necessary to give guidance regarding the jurisdictional boundaries of cyberattack litigation and ways to substantially reduce the risk of loss.
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21

Golovko, Vladimir V. "Administrative and jurisdictional activity: the issues of concept and content." Law Enforcement Review 2, no. 1 (April 12, 2018): 104–13. http://dx.doi.org/10.24147/2542-1514.2018.2(1).104-113.

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The subject. The article defines the modern content of the following concept: administrative procedure, administrative jurisdiction.The purpose of the study is to identify the correlation between the concepts of administrative procedure and administrative jurisdiction.The methodology includes methods of complex analysis and synthesis of the Russian legislation and scientific sources, as well as formal-logical and formal-legal methods.The main results and scope of application. The administrative process and administrative procedures are not regulated properly nowadays. The results of scientific research indicate a discrepancy in the interpretation of the concept of “administrative process”. An administrative process consists of management and administrative jurisdiction (proceedings).Process and production correlate as general and special phenomena.The administrative process, which manifests itself specifically in various types of administrative proceedings, is a set of consistently performed procedural actions, which are performed at certain stages during the consideration of individual specific cases by the competent authorities.Administrative jurisdiction in the broad sense may be understood as totality of the powers of state or municipal bodies, established by the law or other normative legal acts, to regulate social relations, to assess the legality of actions of a person, to resolve legal disputes and to consider cases on administrative offences, to carry out other legally significant actions.Conclusions. Administrative jurisdictional activity (public, regulatory, regulative, enforcement), is connected with the solution of legal disputes. It is based on the law and is clearly regulated by it, it is carried out by special bodies, it’s result is the regulation of public relations and imposing administrative responsibility to the offenders.
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22

Moore, Scott. "Hydropolitics and Inter-Jurisdictional Relationships in China: The Pursuit of Localized Preferences in a Centralized System." China Quarterly 219 (August 19, 2014): 760–80. http://dx.doi.org/10.1017/s0305741014000721.

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AbstractInter-jurisdictional water resource issues constitute a growing political and economic challenge in China. This article examines three such cases of hydropolitics, namely large dam construction, water resource allocation, and downstream water pollution, through the lens of central–local relations. It argues that the hydropolitics in China are characterized by the pursuit of localized preferences within the constraints imposed by a centralized political system. In each case, the primary actors are sub-national administrative units, who adopt various competitive strategies to pursue their own localized interests at the expense of neighbouring jurisdictions. This article argues that although vertical control mechanisms in the Chinese system effectively limit central–local preference divergence, they do little to contain horizontal conflicts between sub-national administrative units. The paucity of formal inter-jurisdictional dispute resolution mechanisms is a major barrier to meeting water resource challenges, and inter-jurisdictional collective action problems are likely to pose growing difficulties for the Chinese political system.
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23

VAGIAS, MICHAIL, and JANOS FERENCZ. "Burden and Standard of Proof in Defence Challenges to the Jurisdiction of the International Criminal Court." Leiden Journal of International Law 28, no. 1 (January 27, 2015): 133–55. http://dx.doi.org/10.1017/s0922156514000570.

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AbstractThe jurisdiction of the International Criminal Court has remained largely uncontested during the first 10 years of its operation. Today, the jurisdictional cooling-off period seems to have run its course. The Prosecutor has opened the first Article 15 investigations and prosecutions in Kenya. The defence has been active in challenging the jurisdiction of the Court. Judges at the pre-trial stage have taken a more inquisitive approach to jurisdictional assessments. This awakening has led to the identification of novel legal issues. One of them is the applicable burden and standard of proof for defence challenges to jurisdiction. So far, this issue has been addressed largely through interpretation of the Statute. The Court's first decisions seem to fluctuate significantly on this point. From pronouncements accepting that such burden and standard do exist and seeking to articulate them, to rulings implying that they do not exist altogether, the Court's case law reveals a measure of inconsistency and a lack of reasoning. This article seeks to expose the different positions assumed on the matter, typically as a result of the judges’ efforts to balance procedural efficiency and fair trial considerations. In doing so, we will reflect critically on the causes and effects of the current state of the law and propose a reorientation of the case law through the use of other relevant international jurisprudence.
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24

Scott, Richard E., M. Faruq U. Chowdhury, and Sunil Varghese. "Telehealth policy: Looking for global complementarity." Journal of Telemedicine and Telecare 8, no. 3_suppl (December 2002): 55–57. http://dx.doi.org/10.1258/13576330260440871.

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summary Telehealth is gaining acceptance as a tool for bridging the local and global health-care divides. However, integrating telehealth into existing health infrastructures presents a daunting challenge for governments, policy makers, telehealth advocates and health-care workers. The development of specific inter-jurisdictional telehealth policies will significantly improve the ability to meet this challenge. In the policy context, one ‘success’ is the increasing number of jurisdictions addressing policy issues. However, policy decisions have largely been taken in isolation, within individual health institutions, regions, provinces/states or countries. This represents a failure of the current approach. Telehealth, by its very nature, has the ability to transgress existing geo-political boundaries. As a consequence, policy in any single jurisdiction may hamper or even cripple the ability of telehealth to fulfil its potential. Commonality-or at least complementarity-of approach to telehealth policy must be encouraged. To achieve this, it is essential to understand the current or anticipated regulatory constraints that may affect telehealth. We have begun a preliminary study of country-specific policy issues.
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25

Svantesson, Dan Jerker B. "Jurisdictional issues and the internet – a brief overview 2.0." Computer Law & Security Review 34, no. 4 (August 2018): 715–22. http://dx.doi.org/10.1016/j.clsr.2018.05.004.

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26

Buga, Irina. "Territorial Sovereignty Issues in Maritime Disputes: A Jurisdictional Dilemma for Law of the Sea Tribunals." International Journal of Marine and Coastal Law 27, no. 1 (2012): 59–95. http://dx.doi.org/10.1163/157180812x615113.

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Abstract It is unclear whether Law of the Sea tribunals under the Law of the Sea Convention (LOSC, or the Convention) have jurisdiction to determine maritime boundary disputes involving concurrent land sovereignty issues. The text of the Convention and case law are silent in this respect. The only reference is in LOSC Article 298(1)(a)(i), which allows States to make declarations exempting maritime delimitations from compulsory dispute settlement, excluding concurrent territorial questions even from conciliation. However, it leaves unclear whether concurrent land sovereignty issues are also excluded in the absence of such declarations. There are indications that LOS tribunals may be able to decide ancillary land issues so long as these do not constitute the ‘very subject-matter’ of the dispute, or rely on an alternative jurisdictional basis. The question of competence over mixed disputes may be less extensive in effect than is often believed. States should not avoid initiating proceedings based on the view that LOS tribunals might not ultimately exercise jurisdiction.
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27

Harrington, Michael, Colm Seviour, Mark MacDonald, and James Dickson. "Emerging Issues in East Coast Oil and Gas Development." Alberta Law Review 35, no. 2 (April 1, 1997): 269. http://dx.doi.org/10.29173/alr648.

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The authors discuss recent developments in oil and gas production in Newfoundland and Nova Scotia and the legal and regulatory regimes which affect both interest holders and oil and gas practitioners. The authors pay particular attention to jurisdictional issues arising from the intersection of federal and provincial legislation and clarify when particular legislation does or does not apply. The authors then examine the legal requirements for the approval of and implementation of oil and gas development plans, the impact of provincial royalty and tax regimes on development, and the criteria for the granting of significant discovery licenses. Finally, the authors discuss the roles of provincial and federal bodies with respect to regulatory and environmental inter-jurisdictional issues.
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28

Kontorovich, Eugene. "When Gravity Fails: Israeli Settlements and Admissibility at the ICC." Israel Law Review 47, no. 3 (August 29, 2014): 379–99. http://dx.doi.org/10.1017/s0021223714000193.

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In the wake of the UN General Assembly's recent recognition of Palestinian statehood, the Palestinian government has made clear its intention to challenge in the International Criminal Court (ICC or the Court) the legality of Israeli settlements. This article explores jurisdictional hurdles for such a case. To focus on the jurisdictional issues, the article assumes for the sake of argument the validity of the merits of the legal claims against the settlements.The ICC only takes situations of particular ‘gravity’. Yet settlements are not a ‘grave breach’ under the Rome Statute. No modern international criminal tribunal has ever prosecuted crimes that do not involve systematic violence and physical coercion. The ICC's gravity measure involves the number of persons killed; for settlements it would be zero. Indeed, the ICC Prosecutor triages situations by the numbers of victims; settlements do not appear to have direct individual victims. Finally, the ICC would at most have jurisdiction over settlement activity only from the date of Palestine's acceptance of jurisdiction. Settlement activity in this time frame would not immediately cross the ICC's gravity threshold.
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29

Carriker, Roy R. "Wetlands and Environmental Legislation Issues." Journal of Agricultural and Applied Economics 26, no. 1 (July 1994): 80–89. http://dx.doi.org/10.1017/s1074070800019180.

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AbstractThe federal government program for wetlands regulation is administered by the United States Army Corps of Engineers pursuant to Section 404 of the Clean Water Act. Proposals for amending and/or reforming the Section 404 program are included in Congressional deliberations regarding Clean Water Act reauthorization. Specific issues of public policy include the definition of “waters of the United States”, criteria for delineation of jurisdictional wetlands, definition of activities exempt from regulation, mitigation and classification of wetlands, and issues of property rights.
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30

Nguyen, Lan Ngoc. "The Chagos Marine Protected Area Arbitration: Has the Scope of losc Compulsory Jurisdiction Been Clarified?" International Journal of Marine and Coastal Law 31, no. 1 (February 29, 2016): 120–43. http://dx.doi.org/10.1163/15718085-12341393.

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This article focuses on the jurisdictional issues that arose from the losc Annex vii Arbitral Award of the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom). In this case, the arbitral tribunal for the first time answered the long-debated question of whether it has jurisdiction to hear a dispute concerning territorial sovereignty issues. This article argues that in the process of answering this question, the arbitral tribunal managed to identify the steps in order to determine the extent to which its jurisdiction extends to sovereignty disputes. However, the manner in which the tribunal, and the dissenting arbitrators, proceeded with each of these steps left much to be desired in terms of clarity and coherence. The Arbitral Award nonetheless managed to clarify the scope of Article 297 regarding the limitations to compulsory jurisdiction and in determining the threshold for the fulfilment of Article 283 on the obligation to exchange views.
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Hervieux, David, Janet Edmonds, Richard Bonar, and Jim McCammon. "Successful and unsuccessful attempts to resolve caribou management and timber harvesting issues in west central Alberta." Rangifer 16, no. 4 (January 1, 1996): 185. http://dx.doi.org/10.7557/2.16.4.1241.

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Research studies of woodland caribou in west central Alberta began in 1979 in response to proposed timber harvesting on their winter ranges. Using results from initial studies, timber harvest guidelines were developed. A recent review of these guidelines, and the assumptions on which they were based, has resulted in a renegotiation by government and industry of timber harvesting on caribou range in west central Alberta. Caribou range in west central Alberta overlaps many jurisdictional boundaries: federal and provincial lands, four Forest Management Agreement Areas, three Alberta Land and Forest Service Regions and two Alberta Fish and Wildlife Service Regions. This jurisdictional complexity in combination with other factors such as total allocation of the timber resources, high levels of petroleum, natural gas and coal extraction activities, a high level of concern by public groups for caribou conservation and recent understanding of woodland caribou needs for abundant space has made resolution of caribou/timber harvest conflicts exceedingly slow and often relatively unproductive. This paper reviews 10 years of trying to resolve conflicts between timber harvesting and caribou conservation through meetings, committees, integrated resource planning, policy papers and public consultation. We describe what might be learned by other jurisdictions that are trying to resolve similar caribou/timber harvesting issues. We conclude with an overview of recent timber harvest planning initiatives on caribou range in west central Alberta.
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Hogan, Rick, Cheryl H. Bullard, Daniel Stier, Matthew S. Penn, Teresa Wall, John Cleland, James H. Burch, et al. "Assessing Cross-Sectoral and Cross-Jurisdictional Coordination for Public Health Emergency Legal Preparedness." Journal of Law, Medicine & Ethics 36, S1 (2008): 36–41. http://dx.doi.org/10.1111/j.1748-720x.2008.00258.x.

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A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdictions can be viewed “vertically” in that response efforts may entail coordination in the application of laws across multiple levels, including local, state, tribal, and federal governments, and even with international organizations. Coordination of legal responses to public health emergencies also may involve a horizontal dimension comprising numerous and diverse sectors, such as public health, public and private health care, emergency management, education, law enforcement, the judiciary, and the military.Although responses to many acute health threats can implicate multiple jurisdictions and sectors, the jurisdictional and sectoral dimensions of legal preparedness are complex and may vary substantially by the nature of a threat, its geographic and geopolitical extent, and the operational response demanded.
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Kavanagh, John. "The Norwegian Dream/Ever Decent Collision: Jurisdictional and Practical Issues." Maritime Studies 1999, no. 109 (November 1999): 1–7. http://dx.doi.org/10.1080/07266472.1999.10878580.

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34

Van Dyke, Jon M. "An Overview of the Jurisdictional Issues Affecting Hawaii's Ocean Waters." International Journal of Marine and Coastal Law 11, no. 3 (1996): 351–63. http://dx.doi.org/10.1163/157180896x00186.

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AbstractSerious legal questions about ownership and governance of the waters surrounding Hawaii remain unresolved. Hawaii's islands form a geographical archipelago, but its waters do not qualify as "archipelagic waters" under the formal definition in the LOS Convention. Jurisdictional conflicts exist between the state and federal governments. And the Native Hawaiians have strong claims to the waters and the marine resources that need to be addressed.
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35

Kaul, Hans-Peter, and Claus Kreß. "Jurisdiction and Cooperation in the Statute of the International Criminal Court: Principles and Compromises." Yearbook of International Humanitarian Law 2 (December 1999): 143–75. http://dx.doi.org/10.1017/s1389135900000404.

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At the Rome Conference on the adoption of the Statute of the International Criminal Court (hereinafter, the Statute and the ICC), the negotiators faced basically three types of problems. First, a considerable number of primarily technical difficulties stemmed from the differences between national systems of criminal law. This type of problem was characteristic for the discussions on general principles of criminal law (Part 3 of the Statute), criminal procedure (Parts 5, 6 and 8) and enforcement (Part 10). Second, a more limited number of disputed questions resulted from deeply-rooted differences in legal culture. This was true for the most important controversies on penalties (Part 7), in particular for the hotly debated death penalty, and for some specific points relating to the general principles of criminal law, in particular, the treatment of voluntary intoxication. Third, delegations were forced to break the impasse with regard to a set of unresolved key issues of a highly political nature. This article deals with two sets of issues belonging to the latter category: jurisdiction and cooperation.The respective places of jurisdiction and cooperation within the Statute, i.e., Articles 5, 12 and 13 (in Part 2) and Articles 86 to 102 (all of Part 9), tend to conceal the intimate interrelation between them. On a little closer look, though, the links between jurisdiction and cooperation become obvious. Functionally, the implementation of any set of jurisdictional rules defining the Court's sphere of activity depends on a complementary cooperation regime.Systematically, the key elements of the jurisdictional regime constitute starting points in framing the cooperation regime.
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Ivanova, Tatyana N. "IMMUNITY OF THE STATE IN THE INTERNATIONAL PRIVATE TRANSPORT LAW: COMPARATIVE LEGAL STUDY." Public international and private international law 6 (October 29, 2020): 23–26. http://dx.doi.org/10.18572/1812-3910-2020-6-23-26.

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This article is a study of issues of state immunity in international private transport law. The article as a whole is of an overview nature and will be useful for further research in this area. The author explores the legal regulation of the issue in countries such as Germany, Spain, Hong Kong, North Korea, Ukraine, Norway, Turkey. The paper also examines the development trends of the doctrine of the immunity of a foreign state abroad as a whole, highlights general and special features in the legislative regulation of the immunity of a foreign state in the above countries, and also provides and analyzes relevant judicial practice. In addition, the author explores the issue of jurisdictional immunity in the field of transport law, as well as the question whether it is necessary to involve the state in international commercial arbitration, and concludes that there are no obstacles to the participation of states in arbitration, as the very signing by the state of an arbitration clause means the state’s voluntary renunciation of jurisdictional immunity. In conclusion, based on the analysis, the author formulates some general trends in the legal regulation of foreign immunity abroad. Based on the analysis, it is also concluded that in foreign countries, for the most part, there is no legislative regulation of issues of jurisdictional immunity in international private law.
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Whitley, Richard. "Academic Knowledge and Work Jurisdiction in Management." Organization Studies 16, no. 1 (January 1995): 81–105. http://dx.doi.org/10.1177/017084069501600105.

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Relations between formal, academic knowledge, training in high-level expert ise and practical problem-solving activities vary considerably across fields of practice, as well as across societies. Four major kinds of skills development, certification and extent of jurisdictional control over tasks and jobs can be distinguished: craft professional, academic professional, contested academic and research based. Most academically credentialed managerial skills are sim ilar to contested academic skills. These variations in types of skill formation and jurisdiction result from differences in dominant institutions and char acteristics of fields of practice. Of particular importance are: the extent of professional élite power, state licensing, the prestige of modern science and of universities, the level of student demand, the nature of the employment system and labour-market organization and the contextual dependence of prob lems and issues. Academics in some managerial fields have extended their jurisdictional control in some countries by developing technical skills for dealing with complex, yet well-bounded and general, kinds of problems invol ving quantitative information.
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Ulmer, Jeffery T., and Mindy S. Bradley. "Criminal Justice in Indian Country: A Theoretical and Empirical Agenda." Annual Review of Criminology 2, no. 1 (January 13, 2019): 337–57. http://dx.doi.org/10.1146/annurev-criminol-011518-024805.

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Examinations of the Native American experience in the US criminal justice system are still relatively sparse, despite earlier calls for increased attention to Native American crime and justice issues. This is unfortunate, as Native Americans are unique among all groups in US society and face distinctive criminal justice jurisdictional complexities. We argue that this uniqueness renders extant racial/ethnic theoretical framings incomplete for understanding the Native American experience with criminal justice in the United States. First, we describe the complexities of criminal jurisdiction in Indian Country, discuss how internal colonialism shapes the Native American experience, and outline a set of directions for research to illuminate such jurisdictional complexities. Second, we discuss general theoretical frameworks and their strengths and limitations in explaining the Native American experience. We argue for a focus on the interlocking institutional power that shapes tribal, state, and federal justice coupling. We present an agenda for research on the consequences of contemporary criminal justice arrangements for individual Native Americans and for Native American communities collectively.
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39

Young, Shawna M. "The Precarious Position of Same-Sex Divorce in Texas." Texas A&M Law Review 1, no. 3 (January 2014): 779–800. http://dx.doi.org/10.37419/lr.v1.i3.10.

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Currently, same-sex couples that are legally married in a jurisdiction that recognizes same-sex marriage may not be able to divorce if they move to Texas. Of the few cases tried in Texas, most courts refused to grant the samesex divorce because the courts refused to recognize the underlying marriage. Because these couples cannot simply return to the granting state due to most states’ divorce residency requirements, they cannot divorce and face untold issues due to this inability. While Texas does offer the opportunity for the couple to declare the marriage void, declaring the marriage void is not an adequate legal remedy and may not prevent property and other legal issues. Instead, Texas should analyze divorce as implicating rights separate from those implicated by marriage. Based on such analysis, Texas should grant same-sex divorces. While several authors have addressed this issue from a national standpoint, this Comment addresses the issue as it stands in Texas, where a jurisdictional split between the courts of appeals makes it ripe for discussion.
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40

Pasternak, Shiri. "Jurisdiction and Settler Colonialism: Where Do Laws Meet?" Canadian Journal of Law and Society / Revue Canadienne Droit et Société 29, no. 02 (July 18, 2014): 145–61. http://dx.doi.org/10.1017/cls.2014.5.

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Abstract To engage in the question of what it means to decolonize law, we must ask by what authority a law has the authority to be invoked and to govern. In this paper, I describe the conditions necessary for the exercise of Canadian law as being the work of jurisdiction, and I call into question Canada’s legality and legitimacy in making jurisdictional claims. Decolonizing law means deconstructing the state’s grounds to inaugurate law on lands acquired through colonial settlement. By critically examining law’s geography and scope I call into question the modern definition of territory itself. Further, I draw attention to jurisdiction as a conceptual framework for understanding the specificities of settler colonialism; illustrate jurisdiction as a historical concept, distinct from territory and sovereignty; and show some of the ways in which jurisdiction is enacted to govern across multiple scales and issues.
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41

Young, Margaret A. "Trade Measures to Address Environmental Concerns in Faraway Places: Jurisdictional Issues." Review of European, Comparative & International Environmental Law 23, no. 3 (November 2014): 302–17. http://dx.doi.org/10.1111/reel.12096.

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42

PROULX, VINCENT-JOËL. "The World Court's Jurisdictional Formalism and its Lost Market Share: The Marshall Islands Decisions and the Quest for a Suitable Dispute Settlement Forum for Multilateral Disputes." Leiden Journal of International Law 30, no. 4 (September 4, 2017): 925–46. http://dx.doi.org/10.1017/s0922156517000401.

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AbstractOn 5 October 2016, the International Court of Justice (ICJ, the Court) rendered three judgments declining to take jurisdiction in the Marshall Islands cases, in which that state alleged that India, Pakistan, and the United Kingdom violated their nuclear disarmament obligations under the Treaty on the Non-Proliferation of Nuclear Weapons and customary international law. In declining to take jurisdiction, the Court further confirmed its recent shift to jurisdictional formalism, initiated in Georgia v. Russia and confirmed in both Belgium v. Senegal and the Alleged Violations (Nicaragua v. Colombia) judgment. What is more, the Court heightened the burden of proving the existence of a dispute by incorporating an ‘objective awareness’ requirement in its analysis. The present contribution critically situates the Court's judgments within the context of the law of state responsibility and global security, with particular emphasis on the broader implications going forward. It first explores the principal features of the Court's formalistic shift on jurisdictional matters in the cases, setting the stage for the subsequent discussion. The article then turns to the broader implications of these decisions for state responsibility, taking into consideration that the ‘disputes’ submitted to the Court are not strictly bilateral in nature. My ambition is also to highlight the nexus between jurisdictional issues, state responsibility law, and broader questions of access to justice in multilateral disputes. By way of conclusion, the article highlights the importance of identifying creative solutions in a post-Marshall Islands world, suggesting the UN General Assembly as a law-making facilitator and the UN Security Council as an alternate – albeit imperfect – dispute settlement forum to tackle multilateral disputes with global security implications.
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43

Talmon, Stefan. "THE CHAGOS MARINE PROTECTED AREA ARBITRATION: EXPANSION OF THE JURISDICTION OF UNCLOS PART XV COURTS AND TRIBUNALS." International and Comparative Law Quarterly 65, no. 4 (October 2016): 927–51. http://dx.doi.org/10.1017/s0020589316000403.

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AbstractThis article shows that the Tribunal in the Chagos Marine Protected Area Arbitration between Mauritius and the United Kingdom has contributed considerably to the creeping expansion of compulsory jurisdiction of courts and tribunals established under Part XV of the United Nations Convention on the Law of the Sea (UNCLOS). The Tribunal has employed three techniques to do so. First, it has read down the jurisdictional precondition to exchange views in Article 283(1) of the UNCLOS; second, it has expanded the limited scope of compulsory subject-matter jurisdiction under section 2 of Part XV by broadening the meaning of the phrase ‘any dispute concerning the interpretation or application of this Convention’ to include incidental, related—and through the backdoor of a balancing exercise—even extraneous disputes; and, third, it has restricted the limitations and exceptions to compulsory jurisdiction in Articles 297 and 298 of the UNCLOS. Few would have predicted in 1982 that a Part XV court or tribunal would—within the context of such a balancing exercise—ever find that a colonial era undertaking created binding legal obligations under international law and that the United Kingdom was obliged to return the Chagos Archipelago to Mauritius when no longer needed for defence purposes. The Tribunal's expansive reading of the jurisdictional provisions in Part XV opens up the possibility of future rulings, albeit incidentally, on issues that have little to do with the law of the sea.
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44

Hennig, Cherie J., Ningkun Wang, and Xiaoli Yuan. "Cross-Border Taxation of Employee Stock Options." ATA Journal of Legal Tax Research 4, no. 1 (January 1, 2006): 59–75. http://dx.doi.org/10.2308/jltr.2006.4.1.59.

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The complexity of the taxation of employee stock options is escalated in a cross-border context. It is important to understand multi-jurisdictional tax differences from both the employee and employer perspective in order to avoid unnecessary tax exposure and liability. The current status of the taxation of employee stock option plans in the U.S. and the People's Republic of China is used to illustrate multi-jurisdictional taxation issues. Careful, prospective tax planning can significantly reduce an employee's cross-border tax liability.
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45

Wingate, Emmanuel Onyedi, and Pontian N. Okoli. "Judicial Intervention in Arbitration: Unresolved Jurisdictional Issues Concerning Arbitrator Appointments in Nigeria." Journal of African Law 65, no. 2 (April 5, 2021): 223–43. http://dx.doi.org/10.1017/s0021855321000103.

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AbstractParties find it difficult to determine which Nigerian High Court should intervene in the appointment of arbitrators due to conflicting judicial precedents. This perennial challenge has defied any legal solution. Considering relevant case law, this article examines the Arbitration and Conciliation Act (ACA) vis-à-vis the Nigerian Constitution. The main argument is that the Nigerian Constitution read alongside the ACA confers the Federal High Court with additional jurisdiction to appoint arbitrators regardless of which court has jurisdiction concerning the underlying dispute. There are also uncertainties regarding the intervention jurisdiction of Nigeria's National Industrial Court to appoint arbitrators. Currently, no other court can exercise intervention jurisdiction in employment disputes. This article analyses recent decisions of the National Industrial Court and argues that this Court can only intervene to appoint arbitrators where both parties request the appointment in a pending action before the Court. It is also argued that decisions concerning the appointment of arbitrators through judicial intervention can be appealed.
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46

Harrison, Rowland J. "The Interface between Federal and Provincial Jurisdiction over Pipelines: Recent Developments, Current Issues and a Suggested Mechanism for Reducing Turbulence in the Buffer Zone." Alberta Law Review 35, no. 2 (April 1, 1997): 389. http://dx.doi.org/10.29173/alr652.

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In two recent decisions of the Federal Court of Appeal, the Court overruled the National Energy Board's determination of the extent of the Board's constitutional jurisdiction with respect to interprovincial pipelines and certain associated facilities. A necessary conclusion to be drawn from these, and earlier, cases is that, in the absence of a final judicial ruling on specific facilities, the jurisdictional status of many facilities will always be in some doubt. This article examines the possibility of employing mechanisms that are well-established within the framework of the Constitution Act, 1867 to mitigate the consequences of this uncertainty. This is the first time that the viability of using such mechanisms in this context has been analyzed in detail.
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Cachard, Olivier. "Jurisdictional Issues in the Rotterdam Rules: Balance of Interests or Legal Paternalism?" European Journal of Commercial Contract Law 2, no. 1 (January 1, 2010): 1–8. http://dx.doi.org/10.7590/ejccl_2010_01_01.

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48

Mushkat, Roda. "Jurisdictional Issues in a “Highly Autonomous Region”—The Case of Hong Kong." International and Comparative Law Quarterly 42, no. 1 (January 1993): 11–47. http://dx.doi.org/10.1093/iclqaj/42.1.11.

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49

Townsend-Gault, Ian. "Sustainable and Sound: First Principles for Addressing Maritime Jurisdictional Issues and Disputes." Asia-Pacific Journal of Ocean Law and Policy 1, no. 1 (June 3, 2016): 11–36. http://dx.doi.org/10.1163/24519391-00101003.

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This paper explores a number of diverse but closely inter-related topics relating to maritime jurisdiction. Assuming that two or more states which are party to such a dispute, certain inflexible principles apply. The point is made that the law of the sea is a part of international law, not an autonomous subject. Its cornerstone, the un Convention of 1982, must therefore be read, interpreted and applied like any other international agreement. Parties to the Convention are bound by its provisions, and, in general, it is not up to them to insert words or meanings to suit themselves. Similarly, international law has rules on treaty interpretation, which should guide states in designing their marine policies. The paper considers reliance on history in the context of international law, and associated issues. It concludes with a number of propositions based on principle, general and specific. Throughout, maintaining law and order at sea as the optimum means of advancing the sustainable development of the oceans and all their resources, as well as the preservation and protection of the marine environment is a constant theme.
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50

Foss, M. "International consumer purchases through the internet: jurisdictional issues pursuant to European law." International Journal of Law and Information Technology 8, no. 2 (June 1, 2000): 99–138. http://dx.doi.org/10.1093/ijlit/8.2.99.

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