OUTLINE OF CHAPTER XI

JURISDICTION

46. JURISDICTION IN GENERAL.

47. TERRITORIAL DOMAIN AND JURISDICTION.

48. METHOD OF ACQUISITION OF TERRITORIAL JURISDICTION.

(a) By right of discovery of a new land.

(b) By effective and continued occupation of a territory.

(1) The Hinterland Doctrine.

(2) Uncivilized peoples the rightful occupants of the soil.

(c) By conquest of a territory, usually a result of military occupation. (d) By cession through the transfer of territory.

(1) By gift.

(2) By exchange.

(3) By sale.

(4) By special agreement.

(e) By prescription, or long-continued possession.

(f) By accretion, or change in land areas near the boundary of a state.

49. QUALIFIED TERRITORIAL JURISDICTION.

(a) In protectorates the external affairs and international relations are usually under the direction of the protecting state.

(b) In a sphere of influence the aim is to secure the rights without all the obligations.

50. MARITIME AND FLUVIAL JURISDICTION.

51. JURISDICTION OF RIVERS.

(a) Rivers which traverse only one state.

(b) Rivers which traverse two or more states.

(c) Rivers with opposite banks under jurisdiction of two different

states.

THE NAVIGATION OF RIVERS.

(a) General rules for river navigation.
(b) Confirmation of rules by conventions.

JURISDICTION OF ENCLOSED WATERS.

(a) Exclusive jurisdiction of a state over the waters wholly within its borders.

(b) Jurisdiction over gulfs, bays, and estuaries in the state or states enclosing them.

(c) Jurisdiction over straits less than six miles in width in the shore state or states.

(1) Jurisdiction over the Danish sounds.

(2) The Bosphorus and Dardanelles.

(d) Jurisdiction of canals similar to that of straits.

(1) The Suez Canal.

(2) The Panama Canal.

(3) The Corinth and Kiel Canals.

THE THREE-MILE LIMIT.

(a) Statement and origin of the principle.

(b) A wider limit sometimes claimed for special purposes.

JURISDICTION OVER FISHERIES.

(a) Fishing on the high sea a right belonging to all states alike. (b) Special privileges in fishing, as in the case of the Canadian

fisheries.

(c) The disputed question of seal-fishing in the Bering Sea.

JURISDICTION OVER VESSELS.

(a) Two classes of vessels.

(1) Public.

(2) Private.

(b) Nationality of a vessel determined by its flag or papers.

(c) General exercise of jurisdiction over vessels.

(1) Exclusive over public and private vessels on high seas and

in home waters.

56. JURISDICTION OVER VESSELS.—Continued.

(2) Exclusive over public vessels in foreign waters in regard to matters of internal economy.

(a) Extent of immunities of the persons on a ship of war

in a foreign harbor.

(b) The right of asylum on board a ship of war.

(c) Immunities of other vessels in public service.

(3) Varying over private vessels in foreign waters.
(4) Special exemption of semi-public vessels.

57. AËRIAL JURISDICTION.

58. JURISDICTION OVER PERSONS AND THE QUESTION OF

NATIONALITY.

59. JURISDICTION OVER NATURAL-BORN SUBJECTS.

60. JURISDICTION OVER FOREIGN-BORN SUBJECTS.

(a) The rule of jus sanguinis, i.e., the child inherits the nationality of his father.

(b) The rule of jus soli, i.e., the place of birth determines the nationality.

(c) Variations in laws.

61. JURISDICTION BY VIRTUE OF ACQUIRED NATIONALITY.

(a) By marriage a woman in most states acquires the nationality of her husband.

(b) By naturalization, or an act of sovereignty by which a foreigner
is admitted to citizenship in another state.

(c) By annexation of the territory upon which a person resides.
(d) The effect of naturalization on a person in his relations to his

adopted and native states.

(e) Incomplete naturalization or the effect on a person of his declaration of intention to become a citizen.

(1) Case of Martin Koszta.

(2) Citizenship and liability to military service.

(3) Municipal laws and naturalization.

JURISDICTION OVER ALIENS.

(a) Qualified jurisdiction of native state over subjects abroad. (1) Right to make emigration laws.

(2) Recall of citizens for special reasons.

(3) Penal jurisdiction over subjects who have committed crimes in a foreign state.

(4) Protection of subjects in a foreign state.

(b) Jurisdiction of a state over aliens within its territory.

(1) Right of exclusion.

(2) Right of expulsion.

(3) Right to conditional admission.

(4) Restrictions upon settlement.

(5) Right to levy taxes.

(6) Sanitary and police jurisdiction.

(7) Penal jurisdiction for crimes committed within territorial

limits.

(8) Maintenance of public order.

(9) No right to demand military service for political ends.

(10) Freedom of commerce.

(11) Holding and bequeathing of property.

(12) Freedom of speech and worship.

(c) Passport a means for establishing the identity of an alien.

EXEMPTIONS FROM LOCAL JURISDICTION GENERALLY MADE FOR PERSONS REPRESENTING THE AUTHORITY OF A FRIENDLY STATE.

(a) Exterritoriality, or immunity from jurisdiction.

EXEMPTION FROM LOCAL JURISDICTION OF SOVEREIGNS SOJOURNING IN THEIR OFFICIAL CAPACITY IN FOREIGN COUNTRIES.

EXEMPTIONS OF STATE OFFICERS.

(a) Wide immunity allowed diplomatic agents.

(b) Exemptions granted to consuls to facilitate effective performance of their duties.

(c) A foreign army entering a state, by permission of its sovereign, is free from that sovereign's jurisdiction.

(d) A vessel of war in a foreign state free from local jurisdiction.

66. SPECIAL EXEMPTIONS.

(a) In certain Oriental states special exemptions regulated by treaty.

(1) General rules in regard to penal matters.

(2) General rules in regard to civil matters.

(b) Mixed courts in Egypt.

67. EXTRADITION.

(a) Persons liable to extradition vary according to treaties.
(b) Limitations as to jurisdiction over a person extradited.

(c) Conditions necessary for a claim for extradition.

(d) Procedure in cases of extradition based on definite principles.

68. SERVITUDES.

(a) International servitudes, positive and negative.
(b) General servitudes.