Abstract
This chapter deals with a wide range of opinions relating to various aspects of jurisdiction — broadly defined here as the authority of the state to exercise power over persons, both nationals and aliens. In particular, attention is given to opinions concerned with the principles upon which state jurisdiction is based, the exemptions from state jurisdiction, jurisdictional cooperation among nations, and certain rights and obligations of the state.
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Daugherty ruled that under the 18th Amendment it was not permissible to sell liquor on board American vessels outside of the territorial waters of the United States. This ruling was contrary to the opinion of the general counsel of the U.S. Shipping Board, and the Supreme Court did not sustain Daugherty on this point, Cunard S.S. Co. v. Mellon, 262 U.S. 100 (1923).
See 1 OAG 57 (1795), with respect to torts committed against British subjects on the coast of Africa; 4 OAG 332 (1844); with respect to entering of a customhouse in Texas by American citizens. Note, however, Cushing’s opinion, 6 OAG 75 (1853), discussed below, p. 240. 7 5 OAG 55, 58–9 (1848).
However, Cushing’s opinion on the Turkish treaty, 7 OAG 565 (1855), was criticized in parts by John P. Brown, American Consul-General at Constantinople; see Moore, Digest, vol. 2, pp. 674–78.
See 19 OAG 303 (1889); For. Rel.,1889, p. 481; Agreement of Feb. 10, 1890, Malloy, Treaties, I,p. 854. 100 2 OAG 365 (1830).
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© 1957 Martinus Nijhoff, The Hague, Netherlands
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Deener, D.R. (1957). Jurisdiction. In: The United States Attorneys General and International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9570-6_11
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DOI: https://doi.org/10.1007/978-94-011-9570-6_11
Publisher Name: Springer, Dordrecht
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