The defendant having herself so construed and treated the bill, will not be allowed on final hearing, in order to defeat the jurisdiction, to assert, for the first time, that Baldwin, and not the bank, was the complainant.
Exercise of jurisdiction was asserted to be in line with its policy of declining jurisdiction only when schools are "completely religious" not just "religiously associated," as it found to be the case here, because the schools taught secular as well as religious subjects.
The problem with the United Nations war crimes tribunal is that it posits a jurisdiction and asserts rights that the losing side of any war would likely have to stand before, regardless of how just the cause.
To pursue extraterritorial cases like Pinochet's, Garzón mainly relied on Spain's liberal acceptance of a legal doctrine called universal jurisdiction, which asserts that courts in any country can — and should — prosecute cases of genocide, crimes against humanity, war crimes, torture, and terrorism, if prosecution is not possible in the home country.
In no other case for many years has this jurisdiction been asserted, and the general acquiescence of legal men shows the prevalence of opinion in favor of the negative of the proposition.
The ICC is a court of last resort; that is, the Court will not assert jurisdiction over individuals subject to the legitimate jurisdiction of a domestic court for the same or similar conduct.
Under the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, the power of a state to assert jurisdiction over a person domiciled therein will be decided according to the law of that state.
The general counsel, Robert E. Fabricant, issued a memorandum that said "E.P.A. cannot assert jurisdiction to regulate in this area".
Therefore, we will not decline to assert jurisdiction over these schools on such a basis". 223 N.L.R.B., at 1218.
McCallion said Kiobel and later rulings "leave the door open" for US courts to assert jurisdiction in genocide cases.
