International Law Legislative Power

Question: Discuss about the International Lawfor Legislative Power. Answer: The general power of the government to exercise authority over the entity and person within its territory is referred to as the jurisdiction. There are different forms of jurisdiction the most prominent is given to perspective jurisdiction and the enforcement jurisdiction. The right of the legislature is to create, amend and repeal the legislation is referred to as the perspective jurisdiction or the legislative power. On the other hand, the enforcement jurisdiction is the right of the government to enforce the legislation through policing and prosecuting. Therefore, from the above discussion it can be seen that the main difference between the perspective and enforcement jurisdiction is that the perspective jurisdiction is the legislative power of the government whereas the enforcement jurisdiction is the executive power of the government. In the case of SS Lotus (France v Turkey)(1927) PCIJ Ser A, No 10 there are two principles of lotus case. The first principle provides that a stat e cannot exercise its power in any form in the territory of another state without the permission of the international law or treaty (Ryngaert, 2015). The second lotus principle is that even if an international law does not permit a state can exercise its power in its territory in any form. For example, a country can ban certain products by exercising its perspective jurisdiction but it cannot enforce the ban on another state outside its territory that is absent of enforcement jurisdiction. In this case, citizen A of country B has committed a crime against country A. The country A can with the help of country can bring citizen to justice. The Model Law of extradition 2004 and Model law Mutual assistance 2007 provides that if an appropriate request is received for cooperation then it is the responsibility of the state receiving the request to cooperate as per international laws and treaties (Shihata, 2013). Reference Ryngaert, C. (2015).Jurisdiction in international law. OUP Oxford. Shihata, I. F. (2013).The Power of the International Court to Determine Its Own Jurisdiction: Comptence de la Comptence. Springer.