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Aerial Jurisdiction1
Published online by Cambridge University Press: 02 September 2013
Extract
As a legal concept jurisdiction may be considered the right to exercise state authority. Story says that it may be “laid down as a general proposition that all persons and property within the territorial jurisdiction of a sovereign are amenable to the jurisdiction of himself or his courts; and that the exceptions to this rule are such only as by common usage and public policy have been allowed, in order to preserve the peace and harmony of nations, and to regulate their intercourse in a manner best suited to their dignity and rights.” (Santissima Trinidad 7 Wheat. 354) It is fully recognized that all land and the marginal sea, to a distance of a marine league at least, is subject to territorial jurisdiction and that the open sea is not within the jurisdiction of any state though vessels sailing upon such seas are within the jurisdiction of the state whose flag they rightfully fly. As Story says exceptions to this rule of exclusive jurisdiction are such “as by common usage and public policy have been allowed, in order to preserve the peace and harmony of nations, and to regulate their intercourse, in a manner best suited to their dignity and rights.”
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- Research Article
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- Copyright
- Copyright © American Political Science Association 1911
References
1 A paper read before the American Political Science Association at St. Louis, December, 1910.
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