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. Therefore, the correct option is B.

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 injured 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). Therefore, the correct option is D.

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. Therefore, the correct option is E.

The obvious reasons for the exercise of territorial jurisdiction, particularly relating to criminal law, are that:

• The state where the crime is committed generally has the strongest interest in punishing the criminal;

• The local forum is the most convenient one, since the witnesses and other facilities are most probably available there;

• The offender is most likely to be found there,

• To avoid the element of double jeopardy, i.e., subjecting the person to two legal systems at the same time

Therefore, the correct option is B.

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

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. Therefore, the correct option is C.

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. Therefore, the correct option is A.

Alien: A person who, under the law of a particular state, is not a citizen of that state. Therefore, the correct option is E.

Extradition: The surrender by one state to another of a person accused of committing an offence in the latter. Therefore, the correct option is E.

Delicts jure gentium: wrong against the “Law of Nations.” Therefore, the correct option is C.