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• Contents:
• 1. Introduction-- (A) Theoretical Approaches to the Assertion of Jurisdiction
• 2. Jurisdiction: The State - Frank Berman--
• 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie--
• 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill-- (B) Approaches to the Assertion of Jurisdiction Political Bodies:
• 5. National Law, International Law and EU Law - How do they Relate? - Trevor Hartley--
• 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett--
• 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin--
• 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick--
• 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood-- (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies:
• 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox--
• 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma--
• 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick--
• 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle--15 Activism and Restraint in the European Court of Justice - Stephen Weatherill--
• 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.
• (source: Nielsen Book Data)

The essays in this collection explore the various ways in which a number of key European and International legal institutions attempt to define the boundaries of jurisdictional competence. The principle questions which are addressed are: (a) Does the relevant institution have a jurisdictional competence adequate to the challenges that it faces? (b) What are the parameters that bear upon the exercise of a particular jurisdictional competence? (c) What are the effects, positive or negative, of extending, restraining or creating a particular jurisdictional competence on those subject to its jurisdiction, other actors and the rule of law itself? Examples of the institutions covered in this book are the Security Council, the European Court of Justice, NATO, the International Court of Justice and the State. Contents: 1. Introduction; (A) Theoretical Approaches to the Assertion of Jurisdiction 2. Jurisdiction: The State - Frank Berman; 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law - Iain Scobbie; 4. The Exercise of Jurisdiction in Private International Law - Jonathan Hill; (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law, International Law and EU Law - How do they Relate? - Trevor Hartley; 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties - Stephen Hyett; 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction - Brenda Sufrin; 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) - Colin Warbrick; 9. Jurisdiction, NATO and the Kosovo Conflict - Christopher Greenwood; (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction - Hazel Fox; 11. Assertion of Jurisdiction by the International Court of Justice - Abdul Koroma; 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee - Dominic McGoldrick; 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea - Alan Boyle; 15 Activism and Restraint in the European Court of Justice - Stephen Weatherill; 14. The Assertion of Jurisdiction by the European Court of Justice - John Usher.
(source: Nielsen Book Data)

• The meanings of "jurisdiction"
• Invoking the jurisdiction of courts
• Jurisdictional error
• Identifying Chapter III matters
• Conferring and excluding jurisdiction
• Service
• Chapter III matters : private litigation
• Chapter III matters : litigation involving governments
• Appeals
• Appendix. Chapter III of the Australian Constitution and Judiciary Act 1903 (Cth), selected provisions.

* Pepper J cited Authority to Decide, twice, in Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2) [2013] NSWLEC 38 at [231] and [239] * Authority to Decide was mentioned in Victorian Police Toll Enforcement v Taha [2013] VSCA 37 at [235] The first work dealing comprehensively with jurisdiction in the Australian legal system. What are the limits of federal jurisdiction? How is federal jurisdiction conferred and invested on Federal and State courts within the Australian legal system? What is "accrued jurisdiction"? What is a "matter"? What is jurisdictional error? What is a jurisdictional fact? Why are there no Australian courts of unlimited jurisdiction? What does it mean to say that a court has jurisdiction to decide its own jurisdiction? How is a court's jurisdiction invoked? These questions are of vital practical and conceptual importance; the purpose of this work is to answer them, by providing a comprehensive account of the role of jurisdiction in Australia. Although the book extends to all aspects of jurisdiction, it covers the whole of federal jurisdiction, and provides not only an accessible analysis for practitioners and courts, but also a thoughtful and detailed account of the underlying principle and decisions. All classes of federal "matters" are addressed, but with an emphasis on those arising most commonly in practice, as well as the essential statutory provisions by which State and federal jurisdiction is conferred and qualified and excluded. Separate chapters deal with invoking jurisdiction, jurisdictional error, service, and appeals and appellate jurisdiction, in State and federal courts.
(source: Nielsen Book Data)

The original edition of this work was published in 1937. This second edition includes references to and a consideration of case law and statutory amendments since the publication of the first edition.
(source: Nielsen Book Data)