International law, Sixth edition
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International Law MALCOLM N. SHAW
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A. Ahlstrom Oy v. Commission [1988] 4 CMLR 901.
265 Ibid., p. 916. 266 Ibid., p. 932. 696 i n t e r nat i o na l l aw the Community, and, where such producers sell at prices that are actually co-ordinated, that restricts competition within the Community within the meaning of article 85 of the EEC Treaty. It was stressed that the de- cisive factor was the place where the price-fixing agreement was actually implemented, not where the agreement was formulated. 267 In other words, the Court founded its jurisdiction upon an interpretation of the territo- riality principle, if somewhat stretched. It did not take the opportunity presented to it by the opinion of the Advocate General of accepting the effects principle of jurisdiction. Nevertheless, the case does appear to sug- gest that price-fixing arrangements intended to have an effect within the Community that are implemented there would be subject to the jurisdic- tion of the Community, irrespective of the nationality of the companies concerned and of the place where the agreement was reached. 268 Suggestions for further reading M. Akehurst, ‘Jurisdiction in International Law’, 46 BYIL, 1972–3, p. 145 R. Donner, The Regulation of Nationality in International Law, 2nd edn, New York, 1995 F. A. Mann, ‘The Doctrine of Jurisdiction in International Law Revisited After Twenty Years’, 186 HR, 1984, p. 9 L. Reydams, Universal Jurisdiction: International and Municipal Legal Perspectives, Oxford, 2002 267 Ibid., pp. 940–1. Note that the Court held that the association of US companies (KEA) was not subject to Community jurisdiction on the ground that it had not played a separate role in the implementation within the Community of the arrangements in dispute, ibid., pp. 942–3. 268 See e.g. D. Lange and J. B. Sandage, ‘The Wood Pulp Decision and its Implications for the Scope of EC Competition Law’, 26 Common Market Law Review, 1989, p. 137, and L. Collins, European Community Law in the United Kingdom, 4th edn, London, 1990, p. 7. See also S. Weatherill and P. Beaumont, EU Law, 3rd edn, London, 1999, chapter 22. . 13 Immunities from jurisdiction In the previous chapter, the circumstances in which a state may seek to exercise its jurisdiction in relation to civil and criminal matters were considered. In this chapter the reverse side of this phenomenon will be examined, that is those cases in which jurisdiction cannot be exercised as it normally would because of special factors. In other words, the concern is with immunity from jurisdiction and those instances where there exist express exceptions to the usual application of a state’s legal powers. The concept of jurisdiction revolves around the principles of state sovereignty, equality and non-interference. Domestic jurisdiction as a notion attempts to define an area in which the actions of the organs of government and administration are supreme, free from international legal principles and interference. Indeed, most of the grounds for jurisdiction can be related to the requirement under international law to respect the territorial integrity and political independence of other states. Immunity from jurisdiction, whether as regards the state itself or as regards its diplomatic representatives, is grounded in this requirement. Although constituting a derogation from the host state’s jurisdiction, in that, for example, the UK cannot exercise jurisdiction over foreign ambas- sadors within its territory, it is to be construed nevertheless as an essential Download 7.77 Mb. Do'stlaringiz bilan baham: |
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