ULUSLARARASI KAMU HUKUKU I

As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on
the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

Ultra vires is described as an act by a public authority, company, or other body that goes beyond the limits of the powers conferred on it. Ultra vires acts are invalid. The ultra vires doctrine applies to all powers, whether created by statute or by a private document or agreement.

The state practice discloses four general principles on  the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, the nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injure by the offence. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.
Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime (for example, piracy). Ultra vires principle is not one of those.

The nationality principle, determines jurisdiction by reference to the nationality either of the persons committing the offence even withrespect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence.

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Alien is defined as a person who, under the law of a particular state, is not a citizen of that state.

juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person.

Extradition means that the surrender by one state to another of a person accused of committing an offence in
the latter (Martin, 2003: 194).

In order to bring uniformity in the state practice, in 2004 the UN General Assembly adopted the Convention on Jurisdictional Immunities of States and Their Property (not in force yet). The Convention “applies to the immunity of a State and its property from the jurisdiction of the courts of another State” (Art. 1).

In 1963, the Vienna Convention on Consular Relations was adopted under the auspices of the United Nations. In 1969, the UN General Assembly adopted the Convention on Special Missions.

The protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.

Active Nationality Principle: Under this principle, a state has the jurisdiction to prosecute and punish its juristic persons for a crime committed outside its territory.

According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Under customary international law, diplomatic missions have three functions to perform:

• to protect the interests of the sending state and its nationals,

• to negotiate with the government of the receiving state, and

• to report about the conditions of the receiving state.

The diplomatic mission may come to an end in the following manners:

Consuls are the representatives of their state in a foreign country.

The Convention divides the consuls into four classes (Art. 9): a. Consuls-general, b. Consuls, c. Vice-consuls, d. Consular agents.

A diplomatic agent is exempt from all dues and taxes. The agent, however, is liable to pay:

i. Indirect taxes, such as sales tax or service charges;

ii. Dues and taxes on private immovable property situated in the territory of the receiving state such as house tax;

iii. Estate, succession or inheritance duty, levied by the receiving state;

iv. Tax on income having its source in private investments in commercial undertaking in the receiving state;

v. Charges levied for specific services rendered such as road tax;

vi. Registration, court or record fees, mortgage dues, and stamp duty with respect to immovable property (Art. 34).

The functional necessity theory, which justifies the privileges and immunities as being necessary to enable the mission to perform its functions.

extradition. The surrender by one state to another of a person accused of committing an offence in the latter (Martin, 2003: 194).