Suchergebnisse

Extraterritorial jurisdiction is a concept that has been studied and applied for a long time in the legal practice of a number of states. With the evolution of international law, the jurisdiction of each state is established not only on the basis of territorial factor, but also of other factors that represent certain relationship with the state, such as the nationality, the effect of the act on the nation and national sovereignty. These jurisdictions are extraterritorials. However, the grounds for establishing this extraterritorial jurisdiction arouse a lot of debate. The paper analyzes the relationships that make up extraterritorial jurisdiction in accordance with international law and relates to the practice of Vietnam law to clarify the changes of the legal system of Vietnam at present in establishing its jurisdiction over persons and things.

International law in general — Nature and binding force — Concept of equity — Whether a matter of abstract justice or of a rule of law requiring application of equitable principles — Nature of duty to negotiate towards equitable settlementState territory — Parts of State territory — Territorial waters Breadth and delimitation of the maritime belt — Whether determined by international law — Fishing limits — Whether international law restricts fishing limits to twelve miles from coastState territory — Parts of State territory — Territorial waters — Fisheries — Exclusive fishing zone — Whether extent prescribed by international law — Whether limited to twelve miles from coast — Preferential rights of coastal State beyond territorial watersState territory — Parts of State territory — Continental shelf Rights of State over waters above its continental shelf — Fisheries — Development of concept of sovereignty over continental shelf — Effect on changing law of the seaState territory — Parts of State territory — State servitudes ' Fishing rights in high seas — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesJurisdiction — High seas — Conception of the high seas and freedom of the sea — Theory of absolute freedom of the high seas — Qualifications thereof — Fisheries — Duty to have regard for interests of oilier States — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesState responsibility — Damages — Award of damages in general — Jurisdiction of International Court of Justice to award damages — Applicant seeking declaration that State's acts illegal and that general obligation to compensate exists — No evidence of details of damage — Whether requested declaration too abstractTreaties — Conclusion and operation of treaties — Conditions of validity — Effect of duress — Exchange of Notes 1961 between Federal Republic of Germany and IcelandTreaties — Termination — By operation of law — Fundamental change of circumstances — Relevance of change of circumstances to treaty — Failure of consideration — Exchange of Notes 1961 between Federal Republic of Germany and IcelandTreaties — Termination — By act of party — Unilateral denunciation — Circumstances in which State entitled to denounce treaty — Exchange of Notes 1961 between Federal Republic of Germany and IcelandDisputes — International Court of Justice — Organization of the Court — Appointment of judge ad hoc — Common interest between two States bringing parallel proceedings — Justification for refusal to appoint a judge ad hocDisputes — International Court of Justice — Contentious jurisdiction — Competence — Access to the Court — Applicant State becoming a party to the Statute of the Court after crystallization of disputeDisputes — International Court of Justice — Contentious jurisdiction — Competence — Interim measures of protectionDisputes — International Court of Justice — Contentious jurisdiction — Competence — Jurisdiction under treaty — Exchange of Notes 1961 between Federal Republic of Germany and Iceland — Refusal of State to appear — Whether affecting jurisdiction of the CourtDisputes — International Court of Justice — Contentious jurisdiction — Competence — Request for declaration that State under an obligation to compensate applicant for damage caused by allegedly unlawful acts — Whether requested declaration too abstract Request contained in Memorial on merits but not in application Whether a permissible amendmentDisputes — International Court of Justice — Contentious jurisdiction — Procedure — Effect of refusal of State to appearDisputes — International Court of Justice — Contentious jurisdiction — The law applicable — Rule of law requiring application of equitable principles — Competence of Court to indicate equitable principles as guide to negotiationDisputes — Negotiation — Relationship between negotiation and judicial settlement — International Court of JusticeJurisdiction — In general — Territorial — Over fisheries — Extent of — Whether limited to twelve miles — Whether extension to fifty miles permissible — Icelandic claim — Whether opposable to Federal Republic of Germany — Adjacent waters — Rights of the coastal State — Exceptional dependence upon fisheries — Conservation — Preferential rights of coastal State — Historic rights of other States — Duty of States to negotiate equitable balance between rights — Exchange of Notes 1961 between Federal Republic of Germany and IcelandInternational law in general — Nature and binding force — Concept of equity — Equity and law — Sources of international law — Custom — Conditions for existence of rule of custom — The law of the seaTreaties — Conclusion — Conditions of validity — Duress — Termination — By operation of law — Fundamental change of circumstances — Failure of consideration — Termination by act of party — Unilateral denunciation — Exchange of Notes, 1961, between Federal Republic of Germany and IcelandDisputes — International Court of Justice — Jurisdiction — Treaty conferring jurisdiction denounced by one party — Procedure — Interim measures of protection — Nature of a dispute — Relationship between judicial process and negotiation — Declaration of obligation to make compensation