Trapp, KN; (2019) Jurisdiction and State Responsibility. In: Allen, S and Fitzmaurice, M and Guntrip, E and Costeelloe, D and Gragl, P, (eds.) Oxford Handbook of Jurisdiction in International Law. (pp. 355-380). Oxford University Press: Oxford, UK.

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Abstract

This chapter examines state responsibility issues in respect of a state’s exercise of jurisdiction through the prism of several themes, including shifting approaches to sovereignty and the increasing pluralism of the international community. These competing paradigms are, in some respects, reflected in the substantive law of jurisdiction, or might help to navigate between possible approaches to jurisdiction where positive law does not settle the matter. These paradigms may also have implications for the way in which the secondary rules of state responsibility do or should apply to internationally wrongful acts in respect of jurisdiction, and in turn the practice of state responsibility may support or provide evidence for the governing paradigm. The chapter then considers the law of criminal jurisdiction through the prism of state responsibility, particularly regarding the practice of state responsibility for excessive jurisdiction and the implications of the competing paradigms of international law in respect thereof.

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