International Laws: Jurisdiction and Enforcement

This article discusses the jurisdiction and enforcement of international laws. It covers the territorial and nationality principle jurisdictions, prescriptive and enforcement jurisdictions, and protective or security jurisdiction. It also provides examples and references.

International Laws 1
INTERNATIONAL LAWS
Student by (Name)
Professor’s (Name)
College
Course
Date

International Laws 2
INTERNATIONAL LAWS
Question (6.1)
According to the crime facts presented, Australia has very limited jurisdiction over the
case. According to international laws, jurisdiction is defined as the right of a state to exercise
power over its persons, things and events through the use of its national law and its state organs.
The extent to which Australia’s jurisdiction fall can be evaluated in terms of territorial and
nationality principle jurisdictions over the crime. Australia lacks territorial jurisdiction over the
case because the crime events did not originate from the country but from New Zealand. The
attack was also done over international waters which are out of Australia’s territorial jurisdiction
(Luban 2008).
However, according to nationality principle jurisdiction, Australia has the right to
prosecute two of the suspects who own Australian-UK dual citizenship. However the jurisdiction
does not apply to other criminals since they are not nationals of Australia. Nationality principle
also allows for extra tradition to the directly affected states if there are relevant treaties in the
region. According to the case facts, the real victim of the attack in Japan. This coupled up with
the territorial jurisdictions which allow a state to exercise its jurisdiction if the crime directly
affects its nationals. The best option for Australia is to facilitate the extra tradition of the six
accused trial in Japan Von Glahn and Taulbee 2017)
Question (6.2)
Prescriptive jurisdiction and enforcement jurisdiction
Prescriptive jurisdiction gives a state’s legislature the right to create or amend or repeal
legislation. On the other hand enforcement jurisdiction is the states right to enforce this

International Laws 3
legislation through the executive arms that police and public prosecutors investigating and
arresting prosecutors. A state may have prescriptive jurisdiction but lack enforcement
jurisdiction. For instance, a country B drafted legislation that lenders smoking in public as
illegal (Kontorovich 2008). The legislation was a replacement of existing legislation that allows
smoking in public. A tourist from country B visits country A. the tourist smokes in public.
Country A and country B are not in good terms. In this case country B has no enforcement
jurisdiction unless country A allows her to proceed with enforcement and sometime even assist.
In case country A does not allow the arrest, country B has no enforcement jurisdictions
(Crawford 2012).
The crime committed by the citizen x poses a security threat to country B. for country B
to exercise jurisdiction over citizen x, she must prove to country A that the crime was a threat to
the security of the country. Protective or security jurisdiction allows a state to exercise
jurisdiction over a criminal case that is a threat to its security regardless of where the crime was
conducted from or the nationality of its perpetrators. However, the criminal is in the unknown
hideout (Aust 2010). In case the criminal is another country apart from this two countries,
country B should respect nationality principle jurisdiction of country A and let her make exercise
enforcement jurisdiction. Country B should then negotiate with country A to allow extra tradition
to take place so that she can prosecute Citizen X. The citizen may be hiding in country A. In this
case, country B should only enforce arrest and investigation only with permission of country A.
in case the criminal is in country B, the state has every right to arrest and prosecute the criminal
under its laws Sornarajah 2017).

International Laws 4
References
Aust, A., 2010. Handbook of international law. Cambridge University Press.
Kontorovich, E., 2008. Beyond the Article I Horizon: Congress's Enumerated Powers and
Universal Jurisdiction over Drug Crimes. Minn. L. Rev., 93, p.1191.
Luban, D.J., 2008. Fairness to rightness: jurisdiction, legality, and the legitimacy of international
criminal law.
Von Glahn, G. and Taulbee, J.L., 2017. Law among nations: an introduction to public
international law. Routledge.