Discuss (d) Passive personality

Sovereignty — the state's supreme authority within its territory and independence from external authority — is international law's organizing concept (Westphalia's legacy, Unit 1). Its juridical corollary is jurisdiction: the state's legal competence — to prescribe rules (legislative jurisdiction), to enforce them (executive jurisdiction), and to adjudicate (judicial jurisdiction). The rule-setter's rule: jurisdiction is not free-floating — international law both confers competence (territoriality, personality) and limits it: the Lotus principle (PCIJ, 1927): "Restrictions upon theindependence of States cannot be presumed" — the classic permissive baseline (a state may act unless prohibited), now tempered in the modern law (especially human rights and the "reasonableness" requirements of jurisdictional assertions).The companions of jurisdiction to name: sovereign equality (par in parem non habetimperium — no state may exercise jurisdiction over another sovereign: the immunity rule, Unit 9); non-intervention (no enforcement in another state's territory without consent — prescription may exceed enforcement: the lottery-cases lesson); and the duty to respect other states' jurisdictional spheres.