4. Jurisdiction, immunity and inheritance.ppt

4. Jurisdiction, immunity and inheritance ①Territorial jurisdiction in United States law refers to a courts power over events and persons within the bounds of a particular geographic territory. ②Protective jurisdiction is a principle that provides that states may exercise jurisdiction over aliens who have committed an act abroad which is deemed prejudicial to the security of the particular state concerned. ③A State has jurisdiction with respect to an crime committed outside its territory a by a natural person who was a national of that State when the crime was committed or who is a national of that State when prosecuted or punished; or b by a corporation or other juristic person which had the national character of that State when the crime was committed. ④Universality principle 4. 2 Immunity from national jurisdiction ①Absolute immunity is a form of legal immunity in contrast to qualified or restrictive immunity. Qualified immunity only applies if specified qualifications are met; absolute immunity is unqualified and unconditional. ②There is now a trend in various states towards substantial exceptions to the rule of immunity; in particular, a state can be sued when the dispute arises from a commercial transaction entered into by a state or some other non-sovereign activity of a state. ③The United Nations Convention on Jurisdictional Immunities of States and their Property, which is not yet in force, formulates the rules and the exceptions to them. It does not cover criminal proceedings, and it does not allow civil actions for human rights abuses against state agents where the abuse has occurred in another country. FG v. Democratic Republic of the Congo FG公司受让了前南斯拉夫一公司转让、经国际商会裁决后的债权。被申请人刚果因违约应向申请人支付1亿多美元。FG得知中铁股份公司在刚果进行投资后向香港法院起诉，除将刚果作为被告，还将中铁股份公司及其下属三家子公司都列为被告，要求冻结上述公司将付刚果的资金。刚果认为其与前南斯拉夫公司、中国中铁等公司的商业交易属“国家行为”，依照基本法，香港法院无管辖权；即使有，依照绝对豁免原则，刚果享有管辖豁免和执行豁免。 9.甲国政府与乙国“绿宝”公司在乙国订立了一项环保开发合同，合同履行过程中出现纠纷。“绿宝”公司以甲国政府没有及时按照合同支付有关款项为由诉至乙国法院，甲国政府派代表向法院阐述了甲国一贯坚持的绝对豁免主义立场。如果乙国是