ON JURISDICTION!

Hello and welcome to the blog!

Today's post geared towards contributions in international development would discuss the Principle of jurisdiction and the provisions under international law.

Jurisdiction is generally defined as a court's general authority to hear and/or “adjudicate” a legal matter. In today’s topic, we shall be discussing the five types of jurisdiction principles in international law and they are:

Any fundamentals of a government include her power to regulate people, property, and transactions or to prescribe conduct, usually through the passage of laws or regulations. Jurisdiction in this wise would also mean, its power to ensure safety and maximum security of its citizenry from any form of external force.

As opposed to the jurisdiction we have come to know, in maritime law, Once a ship is 24 miles from any coastline, it's on the high seas (or international waters). With the exception of certain rights within the contiguous zone, the law of that ship is the law of the country whose flag it's flying.

Talking briefly about the jurisdiction in space, according to the United Nations Office for Outer Space Affairs (UNOOSA), which is tasked with promoting international cooperation in the peaceful uses of outer space, space law is the "body of law applicable to and governing space-related activities.

The principles of jurisdiction shall be discussed below:

TERRITORIAL PRINCIPLE (Fundamental character):  is a principle of public international law under which a sovereign State can prosecute criminal offences that are committed within its borders, a crime or events occurring within a state’s territorial boundaries, and persons within that territory, even if their presence if temporal, one subject to the application of local law. It may also be applied to acts that are partially completed in his territory.

The principle also bars states from exercising jurisdiction beyond their borders, unless they have jurisdiction under other principles such as the principle of nationality, the passive personality principle, the protective principle, and possibly universal jurisdiction.

The Lotus case was a key court ruling on the territoriality principle. In 1926, a French vessel collided with a Turkish vessel, causing the death of several Turkish nationals. The Permanent Court of International Justice ruled, by a bare majority, that Turkey had jurisdiction to try the French naval lieutenant for criminal negligence, even though the incident happened beyond Turkey's boundaries. This case extended the territoriality principle to cover cases that happen outside a state's boundaries, but have a substantial effect on the state's interests or involve its citizens.

Questions have surfaced regarding how the territoriality principle applies, with the rise of globalization and the Internet. The applicability of this principle also was in question, with the case against Augusto Pinochet and other cases of transnational justice.

ACTIVE PERSONALITY PRINCIPLE/ NATIONALITY PRINCIPLE: 

A crime against a person anywhere in the world is against the state. (Where the person is from) or the nationality of the accused person.

PASSIVE PERSONALITY PRINCIPLE: 

Here, criminal jurisdiction is exercised by the state of the nationality in situations where the crime takes place abroad.

PROTECTIVE PRINCIPLE:

This is a rule of international law that allows a sovereign state to assert jurisdiction over a person whose conduct outside its boundaries threatens the state's security or interferes with the operation of its government functions.

UNIVERSALITY PRINCIPLE: 

This is a principle of international law that allows a state’s courts to prosecute individuals for international crimes such as genocide, crimes against humanity, war crimes and torture committed anywhere in this world, even though neither the offender nor the victims are linked by nationality to the prosecuting state. This in its broad sense implies that a state can claim jurisdiction over certain crimes committed by any person anywhere in the world without any required connection to the territory, nationality or special state interest.

The concept of universal jurisdiction - which relates to the ability and obligation of national courts to investigate and prosecute war crimes, crimes against humanity, torture and genocide - is distinct from the jurisdiction of the International Criminal Court

Share your thoughts by leaving your questions, comments and suggestions in the comment box. Thank you for taking the time out to read and share this post.

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Wishing you a happy holidays!

THE AVIATION LINKED ECOSYSTEM

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If you have ever wondered about the aviation eco-system, this blog brings you all the information you need.

An ecosystem typically is defined as a biological community of interacting organisms and their physical environment. It is a complex network or interconnected system.

Of paramount importance to the subject matter is the definition of a complex network or interconnected system. Aviation is a major commercial revenue forum in any government, due to the dependency on this sector, its days of working alone has gone past it, from the ministry of transport, to subsidiary agencies under the Ministry of Aviation, to the customs, the Immigration Service and notable others, the sector has been able to achieve its optimal efficiency.

Each has a role to play, and each carries its part of responsibility. Delays caused by bottlenecks anywhere in the aviation ecosystem can ripple across an ocean and affect flights and travellers a continent away.

Over a quarter of the Nigerian population use air transportation every hour, for the vast majority of those travellers, the flight is as it should be: pleasant and uneventful.

And for every one of them, that pleasant and uneventful flight involved the coordinated efforts of thousands of people in air traffic control, in airlines, in airports and in security – most of them working behind the scenes.

The way people travel is changing every day, and the aviation industry is at the heart of this change. The vision of a connected aviation experience requires a new way of thinking about the aviation ecosystem.

The future of the commercial aviation industry requires re-imagining an air travel experience that is feature-rich, benefit-focused and passenger-dedicated. To get there, five key areas that make up the aviation ecosystem need to be re-imagined into an end-to-end ecosystem that is driven by connectivity, processors, sensors, and smart aviation subsystems that are able to leverage them.

Here’s a closer look at these five environments and how they could work in the near future.

Environment 1: Away

Today, your first interaction with air travel begins when you book your flight and check-in from your laptop or smartphone—wherever you are. In the near future, the check-in process will be automatic. You’ll receive an electronic bag token that will link your bag to you and your destination. Attendants will pick up your luggage the night before your flight, and it will be processed and delivered directly to your aircraft or final destination. And you’ll know when to leave your home and where to park based on your personal preferences and risk profile: How much time do you want at the airport prior to your departure? Do you want to have lunch at the airport and shop before you arrive at your gate? In short, your arrival time will be optimized, and more of the air travel experience will be on your schedule.

Environment 2: Airport

Highly integrated airport systems will make the passenger transit within and between terminals and concourses a stress-free experience. Biometrics, for example, will be integrated throughout the airport. Your biometric token will follow you every step of your journey—like your personal security avatar—and further enable efficient passenger flow and on-time departures and arrivals. Your smartphone will direct you to specific restaurants, shops and events based on

personal preferences. And when connecting to another flight, your smartphone will immediately direct you to your gate by the shortest route.

                            

Environment 3: Airline

Today, a highly-reliable, global aviation network seamlessly connects all entities in the aviation ecosystem—flight crews, caterers, baggage handlers, airport systems and more—and ensures that airlines deliver the most convenient routes with the most reliable schedules possible. These interconnections will soon leverage vast amounts of data from the latest generation of smart aircraft. More data and data analytics will lead to improved service and a better passenger experience.

Environment 4: Aircraft

Aircraft boarding and deplaning will leverage connectivity, processors, and sensors for a more personalized, efficient and stress-free experience. You’ll access the same entertainment options you do at home from your personal laptop, tablet or smartphone. But no component of the aircraft environment will have a greater impact on air travel than seating and other cabin interior systems. Whether you’re sitting in the main cabin, business class or first class, the right balance of legroom, seat width, and available features will top the list of high-touch, high-feel expectations. And your lighting, pillow, blanket, snack and meal preferences will be registered in galley systems and with cabin crew to further enhance your in-flight experience.

Environment 5: Airspace

The global airspace is changing. Connected aircraft will interact with smart systems to facilitate collaborative decision making that optimizes airline economics, the environmental impact of flight operations, and greater numbers of aircraft flying within tighter separations. This optimized ecosystem won’t function as fragmented ground systems, airborne systems, and planning tools. It will be a true system-of-systems with aircraft, flight operations, and air traffic control all acting together seamlessly to move more people with greater safety.

What do these five commercial aviation environments have in common?

Each of these environments offer unique opportunities to drive this industry forward. With each opportunity, the air travel experience will change and each of us will benefit in ways that we can’t yet imagine.

And that’s good news. It’s good to know that one of the most complex parts of an increasingly complex world is on the cusp of being safer, easier and more enjoyable for everyone.

 Share your thoughts by leaving your questions, comments and suggestions in the comment box. Thank you for taking the time to read and share this post.

Please follow my discussions on my LinkedIn account at https://www.linkedin.com/in/ayomide-a-jide-omole-062633112

THIS BLOG does not claim credit for any images posted on this site unless and otherwise noted. Images on this blog are copyright to its respectful owners. If there is an image appearing on this site that belongs to you, and you do not wish for it to appear on this site, please E-mail with a link to said image and it will be promptly removed.

 Wishing you happy holidays!