Chapter Six. Extended Jurisdiction of Some Organizations in Substantive Matters (Delegated Powers)
Finn Seyersted
Abstract
Finn Seyersted
Abstract
The extended jurisdiction which some intergovernmental organization (IGOs) exercise over territories, categories of persons and in or over States, is not common law, but special law for each organization-and it requires a legal basis in each case. Many IGOs exercise limited jurisdiction over individuals, more or less linked with other types of jurisdiction (organic or extended). There are also some organizations which exercise a clearly separate jurisdiction over certain categories of individuals. When an IGO governs an inhabited territory, it usually exercises-in addition to the territorial jurisdiction over everyone and everything within that territory-also a personal jurisdiction over the inhabitants, or nationals, of the territory wherever they are. IGOs thus have an inherent jurisdiction over the member States and their representatives in their capacity as members of the deliberative organs of the organization.Keywords:extended jurisdiction; inherent jurisdiction; intergovernmental organization (IGOs); member states; personal jurisdiction; territorial jurisdiction
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The extended jurisdiction which some intergovernmental organization (IGOs) exercise over territories, categories of persons and in or over States, is not common law, but special law for each organization-and it requires a legal basis in each case. Many IGOs exercise limited jurisdiction over individuals, more or less linked with other types of jurisdiction (organic or extended). There are also some organizations which exercise a clearly separate jurisdiction over certain categories of individuals. When an IGO governs an inhabited territory, it usually exercises-in addition to the territorial jurisdiction over everyone and everything within that territory-also a personal jurisdiction over the inhabitants, or nationals, of the territory wherever they are. IGOs thus have an inherent jurisdiction over the member States and their representatives in their capacity as members of the deliberative organs of the organization.Keywords:extended jurisdiction; inherent jurisdiction; intergovernmental organization (IGOs); member states; personal jurisdiction; territorial jurisdiction
Key concepts: Jurisdiction, Law, Subject-matter jurisdiction, Political science, Original jurisdiction, Exclusive jurisdiction, Personal jurisdiction, International law