...634 International Law Studies - Volume 62 The Use of Force, Human Rights, and General International Legal Issues Richard B. Lillich & John Norton Moore (editors) JURISDICTION Myres S. McDougal In public and private international law, the word "jurisdiction "-in etymological origin, speaking the law-is used to refer to the competence of a state-the authority of a state as recognized by international decision-makers and by other states-to make law for, and to apply law to,particular events or particular controversies. I emphasize the word particular in order to distinguish, as :.will be seen below, the claims to authority with which we are here concerned from other and more comprehensive claims of state officials to continuous control over bases of power, such as territory and people. It is in this sense-in the sense of competence or authority to prescribe and apply law to particular events-that the subject of Jurisdiction is important to Naval Officers and it is in this sense that, with your permission, I propose to explore the subject. It needs no emphasis to this audience that the Naval Officer is both the agent of the authority of one state and a possible object of the application of authority of other states. The authority of any particular officer may not be coextensive with that of his state, depending upon the hierarchy of command and degrees of delegation, but for determining the lawfulness of a controverted exercise of authority by or upon an officer in events involving...
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