What are the differences between in personam and in rem jurisdiction in international litigation?

In personam jurisdiction and in rem jurisdiction are two distinct concepts in international litigation law. In personam jurisdiction is based on the person being sued, while in rem jurisdiction is based on the object being sued. In personam jurisdiction is based on the fact that the person being sued is physically present within the state. For example, an individual who is residing in North Carolina is subject to the state’s in personam jurisdiction. This means that if a lawsuit is filed against the individual, the court in North Carolina will be the court of jurisdiction and the resident will be required to appear in court to resolve the lawsuit. In contrast, in rem jurisdiction is based on the thing being sued, such as a piece of property or a vessel. If a vessel, for example, is present in the territorial waters of North Carolina, then it is subject to the jurisdiction of the state. Even if the vessel’s owner is not physically present, the court in North Carolina will have jurisdiction over the vessel. In short, in personam jurisdiction pertains to the person being sued, while in rem jurisdiction pertains to the object being sued. This distinction is important in international litigation law, as North Carolina courts may only have jurisdiction over the object or individual being sued if the in personam or the in rem jurisdiction apply.

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What are the differences between in personam and in rem jurisdiction in international litigation?

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