Sovereignty in the Practice of International Law. Domestic Jurisdiction

Abstract

The term “domestic jurisdiction,” as used in the theory and practice of international law, mainly since the Covenant of the League of Nations, is not a new legal concept from the point of view of its content. Indeed, it does not mean anything else or anything more than the term sovereignty in the sense of the supreme power of the State over its territory and inhabitants in the framework of international law binding upon the State. What some authors used to call “internal sovereignty” corresponds to domestic jurisdiction. This term does not mean exactly the same thing as the French expression “compétence exclusive de l’Etat,” although it is translated in this way in the Covenant. Exclusive competence of the State may mean the scope of the internal as well as of the external freedom of action of a State, unlimited by international law. Domestic jurisdiction only refers to the exclusive internal competence of the highest legislative, judicial, and administrative (executive) authorities of the State. In practice, however, the “exclusive competence” is understood and interpreted in the sense of the domestic jurisdiction, i.e., as the exclusive competence in internal matters.