Prescriptive Jurisdiction and Enforcement Jurisdiction in International Law

Even though parliament can reprimand any action through its local regulation, global law does not allow the State to impose its rule outside its land. For instance, Saudi Arabian (SA) law states that infidelity is a felony that is punished by stoning to death.Advertising We will write a custom essay sample on Prescriptive Jurisdiction and Enforcement Jurisdiction in International Law specifically for you for only $16.05 $11/page Learn More This rule is applicable only in Saudi Arabia (Dupuy Kerbrat 2010, p. 64). It cannot be applied in other places even if a citizen of Saudi Arabia was found committing adultery. This takes us to the earliest code in the Lotus case, which says that a State cannot apply its rule in any shape in the land of another nation unless there is a global tradition or principle allowing the State to do so (Dixon 2007, p. 87). The UK-Netherlands accord of 1991 can serve as an example, where UK got approval from Netherlands before in dicting two Libyans charged with the Lockerbie intimidation (Shaw 2003, p. 23) Therefore, a jurisdiction centers deeply on the power to prescribe (Sweeney 2007, p. 50) in addition, this is what the paper will focus on. A state’s jurisdiction in the modern international system refers to its power to control the actions of individuals and property. Again, jurisdiction can be either civil or criminal (O’Keefe 2004, p. 736). Jurisdiction in real terms is not a universal concept that is; its meaning is not common to all people. The ancient activities of states and doctrinal inscriptions enables people comprehend that jurisdiction is broadly categorized into two major forms, that is, prescriptive and power to enforce. In the criminal context, jurisdiction to prescribe refers to the power of the state to invoke its criminal law in arbitrating certain actions. Jurisdiction to enforce on the other hand refers to the power of the state to employ criminal law practically through its criminal justice system that is, arresting (police), arbitrating (courts) and correcting (Amerasinghe 1994, p. 14).Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More Whereas jurisdiction to prescribe might be extra-territorial, the power to enforce is strictly territorial. This implies that any state cannot take its criminal justice system (CJS) to another state since this might be considered intrusion. In case a state would wish to prosecute its citizen abroad, it has to issue an arrest warrant to the foreign state and urge the same state to assist in arresting the culprit. It is therefore evident that the power to prescribe and the power to enforce are not compatible at all (O’Keefe 2004, p. 740). Jurisdiction to prescribe and the power to enforce are rationally self-sufficient. However, the two forms of jurisdictions are intertwined. The state has the authority to make laws as long as they benefit the public. The same laws are not applied universally since environments are different. Laws apply well where they originate since the procedure employed in making them is logical. For prescriptive authority, utilization of force to implement an opinion is more realistic inside state boundaries than outside. When it takes place outside state boundaries, the possibility of inter-state disagreement is inevitable. A state in the international system may decide to punish its citizen or a resident of another state in case its interest is in danger (Simma Paulus 1999, p. 21) This brings about hostilities among states, which may cause wars. International law allows a state to issue an arrest warrant even when the suspect is not available in the state, what is referred to as arrest in absentia. The best example is the mutatis mutandis case that applies to individuals based on citizenship, flaccid personality and service in the military. States have rights to prescri be laws according to the internationally established standards (Lawson Bertucci 1996, p. 69) Through this, the rule of law is guaranteed in the international system. The implementation of prescriptive authority based on a jurisdictional nexus instituted after execution of the offence is a type of ex post facto criminalization.Advertising We will write a custom essay sample on Prescriptive Jurisdiction and Enforcement Jurisdiction in International Law specifically for you for only $16.05 $11/page Learn More This is disgusting because a substantive public criminal proscription and its subsequent castigation are applied to the offender only after execution of the impugned behavior. It is not a matter of following a proficient public process (O’Keefe 2004, p. 743). Enforcement jurisdiction pertains directly to the use of coercive authority. Between the two forms of jurisdiction, Enforcement type is the narrowest. This implies that it survives only w hen the criterion for prescriptive authority exist (Domingo 2003, p. 54). Enforcement Jurisdiction is applicable only with respect to people, belongings, or behaviors. The connection between the two forms of laws is comprehensible. A state cannot implement enforcement jurisdiction unless it subscribes to prescriptive jurisdiction (Brownlie 2008, p. 38). A good example that elucidates this connection is the Canadian Criminal code, which states that the state can exercise authority over any individual within Canada. An individual can be impeached whether in a foreign state or in his own country as long as he/she committed an offence. Judges Higgins and Kooijmans categorize this type of jurisdiction accurately. Prosecuting an individual present in the state is termed as ‘in personam’. Prosecution of an individual who sought refuge to another state is termed as ‘in absentia’ (O’Keefe 2004, p. 755). The decision to implement international law uniformly is meant to bring peace and tranquility in the global society. List of References Amerasinghe, C 1994, The Law of the International Civil Service, 2nd edn, Vol. 1, Clarendon Press, Oxford. Brownlie, P 2008, Principles of Public International Law, 7th edn, Oxford University Press, Oxford.Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More Dixon, M 2007, Textbook on International Law, 6th edn, Oxford University Press, Oxford. Domingo, OR 2003, The New Global Law, Cambridge University Press, New York. Dupuy, MP Kerbrat, Y 2010, Droit international public, 10th edn, Dalloz, Paris. Lawson, E Bertucci, ML 1996, Encyclopedia of human rights, 2nd edn, Taylor Francis, New York. O’Keefe, R 2004, â€Å"Universal Jurisdiction, clarifying the basic concept†, Journal of International Criminal Justice, Vol. 2, no. 3. Shaw, MN 2003, International Law, 5th edn, Cambridge University Press, Oxford. Simma, B Paulus LA 1999, â€Å"Symposium on method in International Law: The Responsibility of Individuals for Human Rights Abuses in Internal Conflicts: A Positivist View†, American Journal of International Law, Vol. 93, no. 302. Sweeney, B 2007, â€Å"Combating Foreign Anti-competitive Conduct: What Role for Extra-territorialism?† Melbourne Journal of International Law, Vol. 8, no. 35. This essay on Prescriptive Jurisdiction and Enforcement Jurisdiction in International Law was written and submitted by user Lauren D. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Caryl Churchill Essays - Caryl Churchill, Postmodern Theatre

Caryl Churchill Essays - Caryl Churchill, Postmodern Theatre Caryl Churchill Caryl Churchill is one of England's most premier females, modern playwrights. She has strived throughout her career as theatrical personality to make the world question roles, stereotypes and issues that are dealt with everyday, such as violence and political and sexual oppression. Not only has she been a strong force on the stage, but has also had strong influences with radio and television. Overall, this woman can simply be summarized to be a fascinating personality. Especially in a time where women did not have the same rights as women nowadays, we can safely infer that her feats represent her determination as a playwright as well as an actor. Churchill was born in London on September 3, 1938. She lived in England until the age of ten when her family moved to Canada. There she attended Trafalgar School in Montreal until 1955. At this time she moved back to England to attend Lady Margaret Hall, Oxford University. This is the key place where her career began. While studying English at Oxford she took an interest in theater. Actually, she wrote her first three plays while at the university. When her career in theater and performance started at Oxford she had begun the first phase in her career. She was very focused on sounds and voice. In fact, her first three plays, Downstairs (1958), You've No Need to be Frightened (1959), and Having a Wonderful Time (1959) were all extremely focused on sound. This fact might have been propelled by her career as a radio playwright. For the next ten years she concentrated her energy mainly on radio plays, starting off with The Ants, which she herself, thought of it as a TV play, but my agent Margaret Ramsey sensibly sent it to radio. During the time of her writing for theater and her sounds phase, she was looking outward, investigating new places for her to take her art. She wrote a few stage plays during her radio phase, but none were produced. She re-wrote some of her radio plays and, this time, eight of them were produced between the years of 1962 and 1973. She then slowly made here transition from her radio career into acting and writing television plays. She became very unsatisfied with it very quickly, commenting that Televisionattracts me very much lessIt has the attraction of large audiences and being the ordinary peoples' medium and not being the sort of effete cultural thing that no one ever pays any attention to anyway. But as an actual medium, as a physical thing that happens, I don't find it anything as exciting as acting on a stage. Gradually, Churchill's reputation would become comparable to that of the Royal Court, a rather well-known producing company. She became the first female resident dramatist, and later helped with the Young Writer's Group program. During her time at the Royal Court she wrote many plays, still focusing a great deal on sound and voice. At the same time that she held her position of resident dramatist for the Royal Court, she also worked at other theatres and with other groups. She founded the Theatre Writers Group, now known as the Theatre Writers Union, and had works produced by Joint Stock Theatre Group and Monstrous Regiment. From then on in her career, Caryl Churchill would both write as well as act in many plays challenging society in many different ways such as racial discrimination, sexual discrimination, and more. These plays challenge not only the thoughts and practices of the past and of her present, but also that the reputations of history be regarded as sealed records not amenable to change in the present. In other words, she was trying to say that anything done in the past cannot be changed in any way, because the damage has already been done. The next move that Churchill made in her career was to attack the ideas of gender in her society. In her plays, Churchill somehow manages to cross-gender the characters of the play, creating humorous scenes. One critic exclaimed, By mismatching the performers with their stage roles, Churchill underscores the artificiality and conventionality of the characters' sex roles. A clever theatrical idea thus serves a dramatic purpose, and