CYIL Vol. 4, 2013

JAN ONDŘEJ CYIL 4 ȍ2013Ȏ When interpreting the term jurisdiction in this respect, it is possible to say that it expresses the right of the state to exercise certain power . From this perspective it is narrower than sovereignty. Legal opinion on the term jurisdiction, however, is not unanimous. Lauterpacht, 25 for example, believes that a territory which is under exclusive jurisdiction and control is under its sovereignty, even though he admits that a state can in some cases exercises the right of jurisdiction and control or exclusive jurisdiction without claiming the sovereignty. The term “control” in connection with jurisdiction is not, according to, for example, Lachs, 26 a legal term but only serves to strengthen jurisdiction. Control in connection with jurisdiction (and this term often appears in international treaties) is understood as a de facto rule and regulation. The International Law Commission has encountered difficulties when defining the term jurisdiction and control during discussions over the right of a seaside state over natural resources of the continental shelf. The term jurisdiction and control in relation to the continental shelf refers to the USA of 1945. In the text of the Convention on the continental shelf this term was replaced, due to its multiple interpretations, by the term sovereign rights. Sovereignty, as well as sovereign rights, however, are always connected with a particular territory. We cannot speak about sovereignty when, for example, exercising state power over ships on the high seas. The Soviet Draft declaration of the basic principles governing the activities of States pertaining to the exploration and use of outer space 27 used the wording that states maintain “sovereign rights over objects launched into outer space”. In the accepted text of the Declaration 28 of the basic principles, however, the term jurisdiction and control is used. Jurisdiction and control do not express complete rights towards a particular thing but only an exercise of power which even has to be specified in each particular case. A similar interpretation was expressed by Francois. 29 According to him, jurisdiction includes only the rights expressly specified in particular cases. Francois view is confirmed by various international treaties and other documents where jurisdiction is always explicitly specified in detail.We can encounter exclusive jurisdiction , national jurisdiction , civil jurisdiction , criminal jurisdiction, etc. Jurisdiction is restricted by sovereignty and cannot therefore be beyond the framework of state sovereignty. Mann 30 believes that jurisdiction is no more than a specific or accompanying aspect of sovereignty. The exercise of jurisdiction is based on various titles. There can be jurisdiction based on territory, on nationality of persons or on object registration . In relation to outer space, jurisdiction based on territory cannot be used; it is necessary to use different titles. Jurisdiction over objects in outer space in the sense of Article VIII of the Space Treaty 25 See Lauterpacht, H. Sovereignty Over Submarine Areas . The British Yearbook of International Law 1950, Oxford University Press, London, New York, Toronto, 1951, p. 389. 26 See Lachs, M. Recueil des Cours 1964 (III), p. 58. 27 See UN Document A/AC.105/C.2/L.1. 28 See Czech translation of the Declaration in: Potočný, M., Ondřej, J. Dokumenty mezinárodního práva III, Karolinum, Praha, 1997. 29 See Francois, J.P.A. in: Yearbook of International Law Commission, 1950, Volume I, p. 227. 30 See Mann, F.A. The Doctrine of Jurisdiction in International Law . Recueil des Cours, 1964-I, p. 16.