Why Is Historical Context Important for Understanding How Jurisdictional Issues Have Created American Indian Over-Representation in the Criminal Justice System?
Conversely, if the court possesses jurisdiction, its judgment on the merits will be binding even if the court has reached the wrong result by way of seriously flawed process.
And third, Rule 4(k)(2) grants long-arm jurisdiction in an international context, within the boundaries of the Constitution, over parties to cases arising under federal law who are not subject to the jurisdiction of any particular state. The concept of being able to have minimum contacts with the United States as a whole has profound implications for the Internet and international jurisdiction. Users all over the world, without establishing contacts in a particular state, could establish contacts with the entire country with nearly every foray into cyberspace.
A good example that elucidates this connection is the Canadian Criminal code, which states that the state can exercise authority over any individual within Canada. An individual can be impeached whether in a foreign state or in his own country as long as he/she committed an offence. Judges Higgins and Kooijmans categorize this type of jurisdiction accurately. Prosecuting an individual present in the state is termed as ‘in personam’. Prosecution of an individual who sought refuge to another state is termed as ‘in absentia’ (O’Keefe 2004, p. 755). The decision to implement international law uniformly is meant to bring peace and tranquility in the global society. In case a state would wish to prosecute its citizen abroad, it has to issue an arrest warrant to the foreign state and urge the same state to assist in arresting the culprit. It is therefore evident that the power to prescribe and the power to enforce are not compatible at all (O’Keefe 2004, p. 740).
A court may also have authority to operate within a certain territory.
Brownlie, P 2008, Principles of Public International Law, 7th edn, Oxford University Press, Oxford.
O’Keefe, R 2004, “Universal Jurisdiction, clarifying the basic concept”, Journal of International Criminal Justice, Vol. 2, no. 3.
Shaw, MN 2003, International Law, 5th edn, Cambridge University Press, Oxford.
Simma, B & Paulus LA 1999, “Symposium on method in International Law: The Responsibility of Individuals for Human Rights Abuses in Internal Conflicts: A Positivist View”, American Journal of International Law, Vol. 93, no. 302.