Generally, international laws and treaties provide agreements which nations agree to be bound to.
[2] On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this.
[2] Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation.
Under Article 34 Statute of the ICJ[4] only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.
Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik-based diplomacy.
Within other international contexts, there are intergovernmental organizations such as the World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law.
The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law, but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments.
Hence, citizens in those nations can invoke the jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation.
If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of the United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art.
To deal with the issue of forum shopping, nations are urged to adopt more positive rules on conflict of laws.
The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums.
Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to a person.
[13][14] At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained.
For example, the member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries.
At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area.
In a federation—as can be found in Australia, Brazil, India, Mexico, and the United States—such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures.
Child custody cases in the U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment.
The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act.
Such courts generally only choose to hear cases that would settle important and controversial points of law.
[20] One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases.
Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of a crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts.
The Supreme Court also oversees cases involving interpretation of the state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers.
Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales.
Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time[28] (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule).
The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them.
The advantage conferred onto first movers is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept.
The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority.
[32] In the history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament) called a franchise.
Traditional franchise jurisdictions of various powers were held by municipal corporations, religious houses, guilds, early universities, the Welsh Marches, and counties palatine.