Principal of Sovereignty the quality or state of

Principal of Sovereignty �the quality or state of being sovereign. �the status, dominion, power, or authority of a sovereign; royalty. �supreme and independent power or authority in government as possessed or claimed by a state or community. rightful status, independence, or prerogative. �a sovereign state, community, or political unit.

Principal of Sovereignty �it is not a matter of mere authority, but of supreme authority ! �The holder of sovereignty is superior to all authorities under its purview �For example: US Constitution over State Constitution

Nationality principle �country has jurisdiction over its citizens no matter where they are located �recognizes that a sovereign can adopt criminal laws which govern the conduct of the sovereign’s nationals while outside of the sovereign’s borders. �has the effect of allowing a sovereign to adopt laws that make it a crime for its nationals to engage in conduct that is not illegal in the place where the conduct is performed

Nationality principle �Example: �it a crime for its nationals to engage is sexual relations with minors while outside of its borders �It is illegal to pay bribes outside of its borders to public officials of another sovereign.

Territoriality principle �nation has the right of jurisdiction within its legal territory �bars states from exercising jurisdiction beyond its borders, unless they has jurisdiction under other principles such as �the principle of nationality �the passive personality principle �the protective principle, �the universal jurisdiction.

Protective principle �every country has jurisdiction over behavior that adversely affects its national security, even if the conduct occurred outside that country

Protective principle �For example, in Yunis, the hijacker had already spent seven years in a Malta prison when the US lured him to international waters to bring him to the U. S. for prosecution. �We got Noriega by military invasion.

Doctrine of Comity �Mutual respect for the laws, and government of other countries in the matter of jurisdiction over their own citizens �In many countries, comity is effective only to the extent that foreign laws or judgments do not directly conflict with the forum country's public policy

Doctrine of Comity �A code of etiquette that governs the interactions of courts in different states, localities and foreign countries. �Courts generally agree to defer scheduling a trial if the same issues are being tried in a court in another jurisdiction. �In addition, courts in this country agree to recognize and enforce the valid legal contracts and court orders of other countries. �for example, the United States will not enforce foreign judgments (such as defamation judgments) that present a conflict with the strong free speech protections in the U. S.

Act of State Doctrine �All acts of other governments are considered to be valid by U. S. courts, even if such acts are inappropriate in the U. S. �a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation.