International Law: State Jurisdiction under Kenya Lsw

State jurisdiction refers to exerciseof state court authority. The state court has the right to make a legally binding decision that affects the parties involved in a case. It can also refer to a court's power to hear all matters, civil and criminal, arising within its territorial boundaries.

State jurisdiction exists over any matter in which the state has a vested interest. For example, divorce of individuals within the state, the sale of property within the state, or the breach of a contract made within the state.

Most state courts are courts of general jurisdiction and therefore has jurisdiction over wide variety ofcases. The only types of case that cannot be brought in state court are those that the federal government has exclusive jurisdiction over.

AllStatesare equal before theInternational Law. Each State enjoys its own territorial jurisdiction, also called Territorial Jurisdiction of a State or Protective Jurisdiction.D J Harris defined State Jurisdiction as the power to prescribe rules (prescriptive jurisdiction) and the power to enforce them (enforcement jurisdiction).Jurisdiction may be concurrent with otherStates or it may be exclusive. It may be civil or criminal.The State territory, for the purpose of Jurisdiction, is taken as:

*.Land situated within the boundaries of the State as recognized by the International Law over which the State has its control and power
*.Maritime coastal belt or territorial sea according toLaw of the Sea
*.A Ship bearing the flag of the State wishing to exercise Jurisdiction
*.Ports