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Analysing developments across antitrust, criminal and human rights law, this text explains how the principles of sovereignty and territoriality have been undermined, and develops a new theory of international jurisdiction based on the concept of subsidiarity

This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.

Examining the jurisdiction of international arbitral tribunals, International Arbitral Jurisdiction establishes general principles relating to such jurisdiction. The study refers to the principles of consent and its limitations, and also deals with such matters as interpretation of compromis and incidental jurisdiction

This handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.

1. State jurisdiction in international law : complexities of a basic concept / Alexander Orakhelashvili -- 2. The concept of jurisdiction in international law / Cedric Ryngaert -- 3. Universal jurisdiction : concept, logic and reality / Sienho Yee -- 4. Jurisdiction of states and the law of the sea / Yoshifumi Tanaka -- 5. State immunity from jurisdiction between law, comity, and ideology / Alexander Orakhelashvili -- 6. Shared foundations and conceptual differentiation in immunities from jurisdiction / J. Craig Barker -- 7. Immunity from the criminal jurisdiction of national courts / Elizabeth Franey -- 8. The UK State Immunity Act 1978 : history, scope and relation to international law / Alexander Orakhelashvili -- 9. Treaties on state immunity : the 1972 and 2004 conventions / Alexander Orakhelashvili -- 10. Foreign state immunity : a private international law analysis / Richard Garnett -- 11. The status of armed forces in public international law : jurisdiction and immunity / Aurel Sari -- 12. Immunity from execution / Xiaodong Yang -- 13. Torture, jurisdiction and immunity : theories and practices in search of one another / Francois Larocque -- 14. Immunities and international criminal tribunals / Robert Cryer -- 15. Jurisdictional immunity of international organisations : from abstract functionality to absolute immunity / Alexander Orakhelashvili.

This work analyzes the jurisdictional powers of international tribunals in certain areas of fundamental significance and importance. It clarifies how tribunals and consensual arrangements have approached problems and which general principles may have emerged.

The period of an international tribunal's temporal jurisdiction is the span of time during which an act must have occurred before the tribunal may consider if the act breached an obligation. There are many questions concerning this particular aspect of an international tribunal's jurisdiction. Does a tribunal have power over acts that occurred after the entry into force of the obligation allegedly breached but before the tribunal's jurisdiction was accepted? What about acts that began before the tribunal's jurisdiction was accepted but continued after? To what extent can acts before the period of the tribunal's jurisdiction affect its decision on whether or not there is a breach through acts afterwards? This text examines these questions in depth.

States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This book is the first monograph in English dealing with the topic in a concise and accurate manner. Chapter I deals with basic general problems, such as the notion and bases of and the decisions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, i.e. the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of declarations accepting the optional clause, the principle of reciprocity, reservations, formal conditions, etc., the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause

Examines the jurisdiction, both contentious and advisory, of the ICJ as a specific permanent international court or tribunal. This title also covers the jurisdiction of: the World Court, that is, the ICJ and PCIJ - both contentious and advisory jurisdiction, the leading International Administrative Tribunals, and the ECHR, ICSID tribunals

Abstract
The normally challenging task of teaching international law is amplified when teaching international law in jurisdictions that face ongoing human rights problems and other failures of compliance with international law. In those jurisdictions, the dialectics between the globalized world economy and technology on the one hand and the intensification of hostility to human rights and substantive democracies (ie to the values of public international law) on the other hand are much more pronounced. Students will often resist international law and regard it as the 'enemy of the state' or a source of illegitimate foreign influence. The challenge of international law teachers in those jurisdictions is thus not only to teach international law but also to draw the students into – rather than alienate them from – thinking about their resistance to international law and about the relations between law, power and legitimacy. How to meet this and related challenges is the focus of this paper, which is based on the authors' practical experiences of teaching international law in several jurisdictions with an international law crisis including Hong Kong, Israel, and the People's Republic of China.

This examination of the jurisdiction of international courts and the admissibility of cases before them analyses jurisdictional and admissibility rules in light of the roles assumed by international courts in international life and in light of the roles that jurisdictional and admissibility rules play in promoting the effectiveness and legitimacy of international courts. The theory pursued views jurisdiction as a form of delegation of power (the power to exercise judicial power and decide the law) and regards admissibility as a framework for deciding upon the propriety of exercising such power. On the basis of this theoretical framework, the author critically evaluates the exercise of judicial discretion in the existing case law of a variety of international courts, distinguishing between the category-based case selection implicit in jurisdictional rules and the case-by-case analysis and selection implicit in rules on admissibility