The Law


The Latin definition of jurisdiction is "the authority to speak the law." Historically, jurisdiction is established based on a court's geographic location, or it may stem from explicitly granted powers over a specific subject matter, certain individuals, or property. Basic principles of international law outline the methods by which nations may exert jurisdiction in cross-border circumstances. These varying methods of jurisdiction permit sovereignties a certain degree of flexibility in their exercise of power.

According to international law there are six accepted bases of jurisdiction that allow a sovereign to extend its power and prescribe a rule of law over an activity. These include: Subjective Territoriality (if an action occurs within a country's borders), Objective Territoriality (if the effects of an action can be felt within a country's borders), Nationality (based on the citizenship of an actor), Passive Nationality (based on the nationality of the victim of an action), Protective Principle (based on a sovereign's ability to punish actions which threaten that country or government), and Universality (the ability to punish pirates or other rogue actors). Superseding each of these principles is the general rule that the exercise of jurisdiction must be reasonable.

The nuances of subject-related, personal, and property jurisdiction are also of importance when discussing a court's power to preside over a case. Subject matter jurisdiction focuses on the judiciary's ability to rule on specific topics: U.S. taxation courts and international war crimes courts of The Hague best exemplify this principle. Personal (Personam) jurisdiction, akin to most of the six international law principles, is the ability to exert control over a specific individual; it is accomplished through physical presence or long arm statutes. Long arm statutes entail a minimal contacts standard that assesses the quantity and quality of contacts an individual had within a specific location. Property (In Riem) jurisdiction is the ability of a court to exert jurisdiction over material items such as computer hardware, software, or telecommunications equipment that is physically present in a certain location.

These doctrines are explicit in outlining the ability of national powers in physical spaces, yet a great deal of latitude can and has been taken as they are applied to virtual behaviors. Traditionally, the law has strongly linked personal and property jurisdiction to physical borders. Given the lack of true territorial dividers in cyberspace, complexities arise when these legal phenomenon are applied to the Internet.




Social and Economic Transformation in the Digital Era
Social and Economic Transformation in the Digital Era
ISBN: 1591402670
EAN: 2147483647
Year: 2003
Pages: 198

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