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Protective Principle
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subject-matter Jurisdiction
Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a case, a court must have a combination of subject (''subjectam'') and either personal (''personam'') or territorial (''locum'') jurisdiction. Subject-matter jurisdiction, personal or territorial jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Long-arm Jurisdiction
Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdiction (depending on the jurisdiction). This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the jurisdiction concerned. At heart, the constraints on long arm jurisdiction are concepts of international law, and the principle that one country ought not exercise state power over the territory of another unless some recognized exception applies. In municipal law, the authority of a court to exercise long-arm jurisdiction must be based upon some action of the defendant which subjects him or her to the jurisdiction of the court. United States Jurisprudence The United States Supreme Court, in ''International Shoe v. Washington'' and later on in ''World-Wide Volksw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Wiedhofft Gough
John Wiedhofft Gough (23 February 1900 - 1976) was a Welsh historian noted for his study of John Locke's political philosophy. Life and career Gough matriculated at Merton College, Oxford in 1918. Gough was described as an outstanding student whilst at Oxford, achieving a first in both the classics and modern history, in 1922 and 1923, respectively. He was a Lecturer at the University of Bristol between 1923 and 1931, and during this time spent a year as Visiting Lecturer at Western Reserve University, Ohio. In 1932 he was made a Fellow of Oriel College, Oxford Oriel College () is a constituent college of the University of Oxford in Oxford, England. Located in Oriel Square, the college has the distinction of being the oldest royal foundation in Oxford (a title formerly claimed by University College, wh ..., and in 1947 was appointed lecturer in modern history. He was awarded a DLitt in 1965.Brown, p. 339. Gough was twice married: firstly in 1926 to Margaret Christian, née R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admiralty Law
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the law of the sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union, and disputes are resolved at the ITLOS tribunal in Hamburg. History Seabor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flag State
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the register in which it is registered. The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case. The term "flag of convenience" describes the business practice of registering a merchant ship in a state other than that of the ship's owners, and flying that state's civil ensign on the ship. Ships may be registered under flags of convenience to reduce operating costs, or else to avoid the regulations of, or inspection and scrutiny by, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spacecraft
A spacecraft is a vehicle or machine designed to fly in outer space. A type of artificial satellite, spacecraft are used for a variety of purposes, including communications, Earth observation, meteorology, navigation, space colonization, planetary exploration, and transportation of humans and cargo. All spacecraft except single-stage-to-orbit vehicles cannot get into space on their own, and require a launch vehicle (carrier rocket). On a sub-orbital spaceflight, a space vehicle enters space and then returns to the surface without having gained sufficient energy or velocity to make a full Earth orbit. For orbital spaceflights, spacecraft enter closed orbits around the Earth or around other celestial bodies. Spacecraft used for human spaceflight carry people on board as crew or passengers from start or on orbit (space stations) only, whereas those used for robotic space missions operate either autonomously or telerobotically. Robotic spacecraft used to support scientific re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Airspace
Airspace is the portion of the atmosphere controlled by a country above its territory, including its territorial waters or, more generally, any specific three-dimensional portion of the atmosphere. It is not the same as aerospace, which is the general term for Earth's atmosphere and the outer space in its vicinity. Within the United States: * Controlled airspace exists where it is deemed necessary that air traffic control has some form of positive executive control over aircraft flying in that airspace (however, air traffic control does not necessarily control traffic operating under visual flight rules (VFR) within this airspace). Airspace may be further subdivided into a variety of areas and zones, including those where there are either restrictions on flying activities or complete prohibition of flying activities. Horizontal boundary By international law, a state "has complete and exclusive sovereignty over the airspace above its territory", which corresponds with th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Waters
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands. "International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. In other words, "international waters" is sometimes used as an informal synonym for the more formal term high seas or, in Latin, ''mare liberum'' (meaning ''free sea''). International waters (high seas) do not belong to any state's jurisdiction, known under the doctrine of 'mare liberum'. States have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research. The Convention on the High Seas, signed in 1958, which has 63 signatories, defined "hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antarctica
Antarctica () is Earth's southernmost and least-populated continent. Situated almost entirely south of the Antarctic Circle and surrounded by the Southern Ocean, it contains the geographic South Pole. Antarctica is the fifth-largest continent, being about 40% larger than Europe, and has an area of . Most of Antarctica is covered by the Antarctic ice sheet, with an average thickness of . Antarctica is, on average, the coldest, driest, and windiest of the continents, and it has the highest average elevation. It is mainly a polar desert, with annual precipitation of over along the coast and far less inland. About 70% of the world's freshwater reserves are frozen in Antarctica, which, if melted, would raise global sea levels by almost . Antarctica holds the record for the lowest measured temperature on Earth, . The coastal regions can reach temperatures over in summer. Native species of animals include mites, nematodes, penguins, seals and tardigrades. Where vegetation o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extradition
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to 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. In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject him or her to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition is normally regulated by t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Visiting Forces Agreement
A visiting forces agreement (VFA) is an agreement between a country and a foreign nation having military forces visiting in that country. Visiting forces agreements are similar in intent to status of forces agreements (SOFAs). A VFA typically covers forces visiting temporarily, while a SOFA typically covers forces based in the host nation as well as visiting forces. Agreements While the United States military has the largest foreign presence and therefore accounts for most VFAs, other countries having troops temporarily serving abroad negotiate VFAs with states where they serve. Terms of operation VFAs are intended to clarify the terms under which foreign military is allowed to operate. Typically, a VFA is mainly concerned with the legal issues associated with military individuals and property. This may include issues like entry and exit into the country, tax liabilities, postal services, or employment terms for host-country nationals, but the most contentious issues are civil a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Status Of Forces Agreement
A status of forces agreement (SOFA) is an agreement between a host country and a foreign nation stationing military forces in that country. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement. A SOFA does not constitute a security arrangement; it establishes the rights and privileges of foreign personnel present in a host country in support of the larger security arrangement. Under international law a status of forces agreement differs from military occupation. Agreements While the United States military has the largest foreign presence and therefore accounts for most SOFAs, the United Kingdom, France, Australia, Germany, Italy, Russia, Spain, and many other nations also station military forces abroad and negotiate SOFAs with their host countries. In the past, the Soviet Union had SOFAs with most of its satellite states. While most of the United States' SOFAs are public, some remain classified. NATO has its own proc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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