International law, Sixth edition
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International Law MALCOLM N. SHAW
Civil jurisdiction
26 Although jurisdiction in civil matters is enforced in the last resort by the application of the sanctions of criminal law, there are a number of differences between civil and criminal issues in this context. In general it is fair to say that the exercise of civil jurisdiction has been claimed by states upon far wider grounds than has been the case in criminal matters, and the resultant reaction by other states much more muted. 27 This is partly due to the fact that public opinion is far more easily roused where a person is tried abroad for criminal offences than if a person is involved in a civil case. In common law countries, such as the United States and Britain, the usual basis for jurisdiction in civil cases remains service of a writ upon the defendant within the country, even if the presence of the defendant 23 This cannot, of course, be taken too far. An official would still be entitled, for example, to sign a contract: see Akehurst, ‘Jurisdiction’, p. 147. 24 See further below, p. 680. 25 See e.g. Akehurst, ‘Jurisdiction’, pp. 152 ff. 26 Ibid., pp. 170 ff.; Mann, ‘Doctrine of Jurisdiction’, pp. 49–51, and Brownlie, Principles, p. 298. See also Bowett, ‘Jurisdiction’, pp. 1–4. 27 See e.g. Akehurst, ‘Jurisdiction’, pp. 152 ff. 652 i n t e r nat i o na l l aw is purely temporary and coincidental. 28 In continental European coun- tries on the other hand, the usual ground for jurisdiction is the habitual residence of the defendant in the particular state. Many countries, for instance the Netherlands, Denmark and Sweden, will allow their courts to exercise jurisdiction where the defendant in any action possesses assets in the state, while in matrimonial cases the commonly accepted ground for the exercise of jurisdiction is the domicile or residence of the party bringing the action. 29 In view of, for example, the rarity of diplomatic protests and the relative absence of state discussions, some writers have concluded that customary international law does not prescribe any particular regulations as regards the restriction of courts’ jurisdiction in civil matters. 30 Download 7.77 Mb. Do'stlaringiz bilan baham: |
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