2. legal capacity between states and international organization

v    legal capacity of state

- Principle of jurisdiction:

oJurisdiction: the power of state to prescribe and enforce criminal and regulatory laws and is ordinarily based on the territorial principle, under which a state has jurisdiction over activities within its territories. Only state have sovereignty over territory.

-   some state can claim jurisdiction over activities outside their territory which affect their territory. States can also claim jurisdiction based upon the nationality principle by extending jurisdiction over their nationals even though they are outside the territory.

-   In case of crime such as genocide and war crimes, state may assert jurisdiction based upon universal principle, under protective principle, under which a state asserts jurisdiction over acts committed outside their territory that are prejudicial to its security such as treason, espionage, and certain economic and immigration offences. Or case of counter-terrorism treaties establish jurisdiction among state base on presence of the offender within their territory.

v    Legal capacity of international organizations

Intel organization is a body on a formal instrument of agreement between the governments of nation states. Intel organizations are established by states through intel agreements. Legal personality of IGO is carrying out their functions which concluded in treaties

à their power are limited to those conferred on them in their constituent document. Intel organizations have a limited degree of intel personality, especially vis-à-vis member states. They can enter into international agreements and their representatives have certain privileges and immunities. They constituent document may provide that member states are a legally bound to comply with decisions on particular matters.