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Jurisdiction


 

In law, jurisdiction refers to the aspect of any unique legal authority as being localized within the territorial boundaries of a state. Where an established legal authority is widely recognized, "jurisdiction" simply refers to matters of law which fall under the power of the legal authority to arbitrate. Matters for legal arbitration may or may not fall within its jurisdiction — i.e. discrete geographic regions, people, or legal concepts.

Related Topics:
Law - Legal - State

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In a global context, jurisdiction often refers to particular regions under the control of unique local legal authorities and the outcome is often a complicated patchwork of overlapping provisions. For example, the Member States of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new states joined, it represents the default law for all twenty-five Member States of what is now termed the European Union. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Area. With effect from 1 March 2002, all the Member States of the EU except Denmark accepted Council Regulation (EC) 44/2001, which makes major changes to the Brussels Convention and is directly effective in the Member States. At a state level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area.

Related Topics:
EEC - European Union - European Free Trade Area - Directly effective - Domicile

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In areas where a legal authority is not widely recognized, an executive authority may have an "executive jurisdiction." Likewise "executive authority" may refer to any non-legal authority, or any authority whose force of arms supersede those of a local legal authority.

Related Topics:
Executive jurisdiction - Force of arms

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The concept of universal jurisdiction is fundamental to UN, and the World Court, which assert the benefit and feasibility of fostering an overarching legal entity, with jurisdiction over such matters as war crimes, sovereignty, and human rights. The concept of universal jurisdiction is controversial among those who typically prefer to evoke executive or military authority, through realpolitik-based diplomacy.

Related Topics:
Universal jurisdiction - UN - World Court - War crime - Sovereignty - Human rights - Realpolitik

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