The principle that NO STATE may EXERCISE TERRITORIAL JURISDICTION outside its own territory is a corollary of:
Answer & Solution
Correct answer: A.
1. The S.S. LOTUS case (France v. Turkey), 1927 PCIJ Series A No 10, articulated foundational principles on jurisdiction.
2. The Court held: 'the first and foremost restriction imposed by international law upon a State is that — failing the existence of a permissive rule to the contrary — it may not exercise its power in any form in the territory of another State. In this sense JURISDICTION IS CERTAINLY TERRITORIAL; it cannot be exercised by a State outside its territory except by virtue of a permissive rule derived from international custom or from a convention.'
3. The 'Lotus principle' — what is not forbidden is permitted — is the foundation of state jurisdiction.
4. Exceptions: extraterritorial jurisdiction (nationality, passive personality, protective, universal).
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — S.S. Lotus (France v Turkey), 1927 PCIJ Series A No 10_
Related questions
In the ASYLUM CASE (Colombia v Peru), 1950 ICJ Rep 266, the ICJ addressed the question of The doctrine of 'RESPONSIBILITY TO PROTECT' (R2P), adopted by the World Summit in 2005, reArticle 25 UN Charter establishes that decisions of the SECURITY COUNCIL are:Under Article 31(3) VCLT, in addition to context, the following shall be taken into accounThe MOON TREATY 1979 (Agreement Governing the Activities of States on the Moon and Other CUnder Article 5 of the CONVENTION AGAINST TORTURE 1984 (CAT), each State Party shall take EXTRADITION (the formal surrender of a fugitive by one State to another for prosecution orThe RIGHT OF INNOCENT PASSAGE through the territorial sea (Articles 17-32 UNCLOS) means pa