Examining The Foundations, Competence And Nature Of Internal And External Courts
Subject Areas : Civil LawFatemeh Ramezani 1 , Abbas Taghvaee 2
1 - Master's student in Criminal Law and Criminology, Department of Law, Faculty of Humanities, Islamic Azad University, Lahijan Branch, Lahijan, Iran.
2 - Assistant Professor of Islamic Studies, Department of Islamic Studies, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
Keywords: Jurisdiction, domestic courts, lack of jurisdiction, inherent jurisdiction.,
Abstract :
The anticipated principle regarding the jurisdiction of the International Criminal Court is the principle of supplementary jurisdiction, which only governs the relationship between the jurisdiction of the Court and national courts. Jurisdiction, as one of the features of the government's sovereignty, has passed the traditional territorial rule and objects and It includes the property of Khalraj from the territory of the government. The expansion of jurisdiction rules, which is justified based on the interests of the government and the legitimate interests of individuals, in some cases imposes huge costs on litigants and hearing authorities. Ensuring public interests and conducting a fair trial requires that the hearing authority refrain from exercising broad jurisdiction by considering indicators such as parallel proceedings in a foreign country, the existence of suitable conditions for proceedings in a foreign country, or the need to observe courtesy towards the foreign government.
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