Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels.
Conflict of laws is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law.
Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has personal jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or locus standi, which is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
A treaty is a formal, legally binding written agreement concluded by sovereign states in international law. International organizations can also be party to an international treaty.
The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. Its aim is to facilitate "the development of friendly relations" among governments through a uniform set of practices and principles; most notably, it codifies the longstanding custom of diplomatic immunity, in which diplomatic missions are granted privileges that enable diplomats to perform their functions without fear of coercion or harassment by the host country. The Vienna Convention is a cornerstone of modern international relations and international law and is almost universally ratified and observed; it is considered one of the most successful legal instruments drafted under the United Nations.
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries.
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states.
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.
The Vienna Convention on Consular Relations is an international treaty that defines a framework for consular relations between sovereign states. It codifies many consular practices that originated from state custom and various bilateral agreements between states.
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments.
DIPLOMATIC LAW is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity.
The United States is not a state party to the Rome Statute of the International Criminal Court, which founded the International Criminal Court (ICC) in 2002.
The Algiers Accords of January 19, 1981 was a set of obligations and commitments undertaken independently by the United States and Iran to resolve the Iran hostage crisis, brokered by the Algerian government and signed in Algiers on January 19, 1981. The crisis began from the takeover of the American embassy in Tehran on November 4, 1979, where Iranian students took hostage of present American embassy staff. By this accord and its adherence, 52 American citizens were able to leave Iran. With the two countries unable to settle on mutually agreeable terms, particularly for quantitative financial obligations, Algerian mediators proposed an alternative agreement model - one where each country undertook obligations under the accords independently, rather than requiring both countries to mutually adhere to the same terms under a bilateral agreement.
International law is the set of rules, norms, and standards that states and other actors feel an obligation to obey in their mutual relations and generally do obey. In international relations, actors are simply the individuals and collective entities, such as states international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, often written expectations for behavior and norms are less formal, customary expectations about appropriate behavior that are frequently unwritten. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.
The legal system of Ukraine is based on civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law, and traditional Ukrainian customary law. The new civil law books were heavily influenced by the German Bürgerliches Gesetzbuch.
Medellín v. Texas, 552 U.S. 491 (2008), was a decision of the United States Supreme Court that held even when a treaty constitutes an international commitment, it is not binding domestic law unless it has been implemented by an act of the U.S. Congress or contains language expressing that it is "self-executing" upon ratification. The Court also ruled that decisions of the International Court of Justice are not binding upon the U.S. and, like treaties, cannot be enforced by the president without authority from Congress or the U.S. Constitution.
An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own legal personality, such as the United Nations, the World Health Organization, International Union for Conservation of Nature, and NATO. International organizations are composed of primarily member states, but may also include other entities, such as other international organizations, firms, and nongovernmental organizations. Additionally, entities may hold observer status. An alternative definition is that an international organization is a stable set of norms and rules meant to govern the behavior of states and other actors in the international system.
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.
