What is ratione personae jurisdiction?
Also ratio personae. Jurisdiction of a judge in a case which has international elements may depend on the whereabouts of the plaintiff or, as in most cases, the defendant.
What is jurisdiction ratione Materiae?
The jurisdiction ratione materiae, or subject-matter jurisdiction, of the Centre. under Article 25(1) is thus defined as “any legal dispute arising directly out of. an investment.”
What is ratione personae in international law?
3. Immunity ratione personae is a procedural defense based on the notion that any activity of an incumbent Head of State, Head of government, foreign affair minister and diplomatic agent4 must be immune from any interference of a foreign State. It covers official and private acts committed prior to and during office.
What is ratione Materiae immunity?
1 Immunity ratione materiae protects a state official from foreign court proceedings for official acts performed on behalf of the state.
What does ratione temporis mean?
The expression ratione temporis denotes the effect of the passage of time on obligations or a tribunal’s power to decide a dispute. Numerous tribunals have dismissed claims on this basis. However, despite its potentially critical impact, this area has received relatively little attention in decisions or commentary.
What does ratione loci mean?
Latin: by reason of the place. Related Terms: Ratione Personae, Ratione Soli. A legal term relates to a court’s jurisdiction as it may be compromised or challenged by territorial issues.
Who has immunity ratione?
Personal immunity (or immunity ratione personae) attaches to a select number of high offices: specifically, Heads of State, Heads of Government, and Ministers for Foreign Affairs (C&R at 647-648).
What is temporal jurisdiction?
Temporal jurisdiction is jurisdiction based on the court’s having authority to adjudicate a matter when the underlying event occurred. The right to litigate may be curtailed by the mere passage of time, as in the expiry of times set out in relevant statute of limitations.
What is immunity and how does it relate to universal jurisdiction?
At the international level, immunity is a tool that protects the sovereignty and independence of States by preventing them or their agents from being prosecuted before foreign courts. Individuals entitled to immunity from jurisdiction can thus avoid legal pursuit before national or international courts.