ABSTRACT
This chapter focuses on one contemporary manifestation of that battle over the relationship between jurisdiction and control over territory—the emergence and institutionalization of the "responsibility to protect" concept. It discusses the scene by situating the responsibility to protect concept within the longstanding debate about the relationship between jurisdiction and territory, outlines the ways in which the relation between state jurisdiction and defines the international jurisdiction in the Charter of the United Nations. The chapter provides the growing importance of the claim that authority must be constrained in particular ways in order to be legitimate in the post-United Nations era. Bartolus sought to show that the Emperor's universal jurisdiction could survive and co-exist with the new forms of territorial jurisdiction beginning to be exercised by princes and kings. As the State emerged to challenge the authority of the Holy Roman Empire, scholars like Thomas Hobbes developed detailed arguments grounding the authority of the State in its capacity to guarantee protection.
