International Jurisdiction In The Changing World

Human society is mainly composed of man's acts and interactivities. Therefore, interactivities of people will surely result in certain social relationship. In an effort to handle these relationships, there is a need to tackle the problems and suspend the disputes on the premise of judging the right and wrong. In that way, the most wide-ranging judicial act logically appeared. When state began to emerge in Mankind's history, correspondently, international jurisdiction came into existence. Since ancient times, the existence of states, as always, brings about the result of international relationship, meanwhile, the disputes and conflicts seem to be unavoidable. Therefore, the correspondent measures and mechanism then began to be formed and came in to being in order to settle these conflicts and disputes, among which the judicial measures might be regarded as most principal.International jurisdiction, in a wide range, means a whole set of organizations and procedures which solve the international conflicts and disputes by means of judicial mechanism. It might contain three meanings in its range: Firstly, it includes all the dispute-settling measures and regimes which exist and usually be adopted in the field of international relationship; Secondly, it mainly means the dispute-settling regimes existing in international system, usually in form of international organizations and international institutions, for example, disputing settlement understanding in WTO various arbitral courts and so on ; Thirdly, which is discussed in the narrowest meaning here, it may just mean the judicial act of international court system (such as International Court of Justice, International Criminal Court). Although early in the 20th, the international jurisdiction had already been formally established as an institution, however, while surveying from its nature and range, it is exactly in accordance with the general conclusion of international regimes theory which didn't come into being until 70th of last century. From the view of international regimes theory, the international jurisdiction could be decomposed into two aspects:institutions and regimes, and, we might be allowed to study from these two aspects. As an international regimes, international jurisdiction, as always, existing in the form of certain international organizations and international institutions, whose structure is in accordance with the system of modern international organizations, should be on the base of cooperation among states. Therefore, the international jurisdiction could only be promoted and developed by the members of it with a constructive attitude , could only be perfected on the prerequisite that the common sense has been achieved. And that's exactly the foundation on which the international jurisdiction would be able to exist and work effectively.International jurisdiction, in a more strict meaning, came into being with the emerge of modern state system. As an international form of judicial theories and institutions which developed from their national forms, it might also be regarded as the result of joint effects exerted by the internationalization of justice idea and in the field of law ideology as well as the practicalization advocated by the idealism group in the field of international political theory.It was the theory of nature law that introduced the national form of jurisdiction into international arena. Therefore, the justice idea of national law had no doubt in establishing the legal base for the construction of theory of international justice on the premier that the pattern of the theory of international law is constructed according to that of national law. Justice idea of western society( originating from west-European society) is established on the base of exceeding category including man's natural right, nature law and so on as well as the right-guaranteeing regimes with the trial at the core. The idea of natural justice, in modern times, is mainly manifested in the form of judicial justice, coincidently, justice has bee...