glossary of terms in public international law

Glossary of TermsGlossary of Termsin

Public International Law

A

a fortiori - according to Webster: "with greater reason or more convincing force -- used in drawing a conclusion that is inferred to be even more certain than another." For example, if it is a violation of the sending state's rights to arrest its consular official, then a fortiori it would be a violation to arrest its ambassador.

a posteriori - from effect to cause; from particular to general; inductive (based on observation or experience).

a priori - from cause to effect; from generalization to particular; deductive; presupposed by or reasoning from self-evident propositions (based on theory rather than practice).

Ab Initio - prep. Latin phrase meaning "from the start"; literal meaning being something done 'from scratch'. In legal parlance it stands from: 1.) if any legal agreement is void ab initio then it stands null and void from the very beginning of its intended existence and not just from the instant its declared as void. 2.) if a person enters onto someone's private property (real estate) by authority of law but later maltreats that authority then he becomes a trespasser ab initio.

Accession - Coming into possession of a right or office; increase; augmentation; addition; the right to all that one's own property produces, whether that property be movable or immovable; and the right to that which is united to it by accession, either naturally or artificially. The right to own things that become a part of something already owned.

Accretion - mode of acquiring territory based on the principle of accession cedat principali.It is accomplished through both natural or artificial processes as by the gradual and imperceptible deposit of soil on the coast of the country through the action of the water or more effectively by reclamation projects..

Acquiesce - To rest satisfied, or apparently satisfied, or to rest without opposition and discontent (usually implying previous opposition or discontent); to accept or consent by silence or by omitting to object; -- followed by in, formerly also by with and to; To concur upon conviction; as, to acquiesce in an opinion; to assent to; usually, to concur, not heartily but so far as to forbear opposition.

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Activity Test - if being foreigners, they nevertheless participate in the hostilities in favor of the belligerent

Aggression – the use of armed force by a state against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations, as set out in this definition.

Agreed Tariff Level - It states that each state agrees not to raise tariff levels aobe those contained in the schedule.

amicus curiae - "friend of the court"; a person with a strong interest in or views on the subject matter of a given legal action may petition the court for permission to file a brief, ostensibly on behalf of a party but actually to suggest a rationale consistent with its own views. Such amicus curiae briefs are commonly filed in appeals concerning matters of a broad public interest. For example, NPC of Iran v. M/T Stolt Sheaf case.

Animus occupandi – “intention to acquire ownership over an object by occupying it”; a necessary element for establishing title.

Archipelago Doctrine - An archipelago is a cluster of islands. An Archipelagic doctrine attempts to prevent these islands from being cut off from the mother nation because of their location in "International Waters."

Armistice - is the suspension of all hostilities within a certain area or in the entire region of the war agreed upon by the belligerent government, usually for the purpose of arranging the terms of peace.

B

Balance of Power – an arrangement of affairs so that no state shall be in a position to have absolute mastery and dominion over others. It also refers to the distribution of power in which no single nation is able to dominate or interfere with others.

Belligerent community – group of rebels under an organized civil government who have taken up arms against legitimate government. When recognized, considered as a separate state for purposes of conflict and entitled to all rights and subjected to all obligations of a full-pledged belligerent under laws of war.

Bellum Justum - It is part of the mechanism of domination to forbid recognition of the suffering it produces, and there is a straight line of development between the gospel of happiness and

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the construction of camps of extermination so far off in Poland that each of our own countrymen can convince himself that he cannot hear the screams of pain

Blockade – a hostile operation by means of which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent, the purpose being to shut off the place from international commerce and communication with other states.

C

Capitulation - is the surrender of military forces, places or districts in accordance with the rules of military honor.

Cartels - agreements to regulate intercourse during war on such matters as postal and telegraphic communication, the reception of flags of truce, and the exchage of prisoners.

Cease fire - is an unconditional stoppage of hostilities by order of an international body; a period of truce, esp one that is temporary and a preliminary step to establishing a more permanent peace on agreed terms.

Cession - is method by which territory is transferred from one state to another by agreement between them.Colony - part and parcel of the parent state, through which the external relations are transacted with other states.

Comity - courtesy; respect; a disposition to perform some official act out of goodwill and tradition rather than obligation or law. The acceptance or Adoption of decisions or laws by a court of another jurisdiction, either foreign or domestic, based on public policy rather than legal mandate. In comity, an act is performed to promote uniformity, limit litigation, and, most important, to show courtesy and respect for other court decisions. It is not to be confused with FULL FAITH AND CREDIT, the constitutional provision that various states within the United States must recognize the laws, acts, and decisions of sister states.

Comity of nations - a recognition of fundamental legal concepts that nations share. It stems from mutual convenience as well as respect and is essential to the success of international relations. This body of rules does not form part of International Law; however, it is important for public policy reasons.

Comity of states - the voluntary acceptance by courts of one state of the decision of a sister state on a similar issue or question.

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http://legal-dictionary.thefreedictionary.com/International+Law

http://legal-dictionary.thefreedictionary.com/Adoption

Composite States - a state which consists of two or more states, each with its own separate government but bound under the central authority exercising to a greater or less degree, control over external relations.

Confederation - an organization of states which retain their internal sovereignty and to some degree, their external sovereignty while delegating to the collective body power to represent them as a whole for certain limited and specified purposes.

Constitutive Recognition - the last indispensable element that converts or constitutes the entity being recognized into an international person. Recognition in this light is regarded as mandatory and legal and maybe demanded as a matter of right by any entity that can establish its possession of the four elements of the state.

Constitutive Theory - last indispensable element that converts or constitute the entity being recognized into an international person.

Consul - are state agents residing abroad for various purposes but mainly in the interest of commerce and navigation.

Consules electi - may or may not be nationals of the appointing state and perform their consular functions only in addition to their regular callings.

Consules missi - professional or career consuls who are nationals of the appointing state and are required to devote their full time to discharge of their consular duties.

contra legem - "against the law" (term used to describe an equitable decision of a court or tribunal that is contrary to the law governing the controversy. Such a decision would not normally be permitted unless the tribunal had been empowered to act ex aequo et bono). As opposed to intra legem.

Contraband – a term applied to goods which, although neutral property, may be seized by a belligerent because they are useful for war and are bound for a hostile destination.

Cornelis van Bijnkershoek - a Dutch jurist and legal theorist who contributed to the development of international law. He was especially important in the development of the Law of the Sea. In particular he furthered Hugo Grotius idea that coastal states have a right to the adjoining waters the width of which had to correspond to the capacity of exercising an effective control over it, that he expressed in his famous book De Iure Belli Ac Pacis. Bynkershoek translated Grotius idea into practical terms, by arguing that such effective control has to correspond to the range of the coastal state's weapons: "terrae potestas finitur ubi finitur armorum vis". However, it was not him, but the Italian Ferdinand Galiami who calculated the range of the most advanced cannon at the time to three nautical miles or a league. This idea became common practice and was known as the "cannon shot rule" and was regarded as the internationally accepted measure of the width of the territorial sea.

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Custom – is define by Fenwick as a practice which has grown between states and has come to be accepted as binding by the mere fact of persistent usage over a long period of time.; a practice which has grown up between states and has come to be accepted as binding by the mere fact of persistent usage over a long period of time.

D

Damnun Absque Injuria – “a loss or damage without injury’; there are cases when the act of one man may cause a damage or loss to another, but for which the latter has no remedy. He is then said to have received damnum absque injuria. For example, if a man should set up a school in the neighborhood of another school, and by that means, deprive the former of its patronage; or if a man should build a mill along side of another, and consequently reduce its business. Another instance may be given of the case where a man excavating for a foundation with proper care and diligence, injures the adjoining house due to the unsuitable materials used in such house; here the injury is damnum absque injuria. When a man slanders another by publishing the truth, the person slandered is said to have sustained loss without injury.

De Facto - used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office, position, or status existing under a claim or color of right, such as a de facto corporation. In this sense it is the contrary of de jure, which means rightful, legitimate, just, or constitutional. Thus, an officer, king, or government de facto is one that is in actual possession of the office or supreme power, but by usurpation, or without lawful title; while an officer, king, or governor de jure is one who has just claim and rightful title to the office or power, but has never had plenary possession of it, or is not in actual possession.

De Facto Racial Segregation - occurred in other states, was accomplished by factors apart from conscious government activity.

De Jure Government - the legal, legitimate government of a state and is so recognized by other states. In contrast, a de facto government is in actual possession of authority and control of the state. For example, a government that has been overthrown and has moved to another state will attain de jure status if other nations refuse to accept the legitimacy of the revolutionary government.

De Jure Segregation - refers to intentional actions by the state to enforce racial segregation. The Jim Crow Laws of the southern states, which endured until the 1960s, are examples of de jure segregation.

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de lege ferenda - what the law ought to be (as opposed to what the law is, lex lata).

de lege lata - what the law is (as opposed to what the law ought to be, de lege ferenda).

Declaratory Recognition – merely affirms the pre-existing fact that the entity being recognized already possesses the status of an international person. As thus understood, recognition is highly political and discretionary.

Dereliction - territory is lost when the state exercising sovereignty over it physically withdraws from it with the intention of abandoning it altogether.

desuetude – “outdated, no longer custom”; a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete. It is the legal doctrine that long and continued non-use of a law renders it invalid, at least in the sense that courts will no longer tolerate punishing its transgressors.

Diplomatic Corps - is the body consisting of the different diplomatic representatives who have been accredited to the same local or receiving state.

Doctrine of Incorporation - affirming by the states of their recognition of the principles of International Law in their Constitution.

Doctrine of Infection - a principle of International law which says that any goods of the owner of contraband, carried on the same ship as the contraband may be seized or otherwise treated in the same manner as the contraband itself.

Doctrine of State responsibility - the state may be held responsible for international delinquency,directly or indirectly imputable to it,which causes injury to the national of another state.

Doctrine of transformation - holds that the generally accepted rules of International Law are nor per se binding upon the state but must first be embodied in legislation enacted by the law making body and so transformed into municipal law..

Doctrine of Ultimate consumption – under which, the goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way.

Doctrine of Ultimate destination – the liability of contraband to capture is determined not by their ostensible but by their real destination.

Domiciliary Test- if theyt are domiciled aliens in the territory of the other belligerent on the assumption that they will contribute to its economic resources.

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Drago Doctrine - this doctrine was embodied in the Hague Convention of 1907 through the provision that the Contracting Powers agree not to have recourse to armed force for the recovery of contract debts claimed from the government of one country by the government of other country as being due to its national.

E

Embargo - the partial or complete prohibition of commerce and trade with a particular country, in order to isolate it. Embargoes are considered strong diplomatic measures imposed in an effort, by the embargo-imposing-country, to elicit a given national-interest result from the country on which it is imposed. Embargoes are similar to economic sanctions and are generally considered legal barriers to trade, not to be confused with blockades, which are often considered to be acts of war.

en masse - in one group or body; all together: The protesters marched en masse to the capitol.

En route - On or along the way. erga omnes - "toward all" wrongful acts that harm everyone and not simply one injured party)

estoppel - the requirement of consistency in legal argumentation. "You can't have it both ways." That is: "You can't have your cake and eat it, too." Hypothetical example: Party A cannot claim a right from Party B if Party A previously took actions or made statements that were contrary to the current claims and which led Party B to take an action that is the subject of the current claim. Case illustrations: the Tinoco Claims Arbitration and the Eastern Greenland case

Estrada doctrine – disclaims the right of foreign states to rule upon the legitimacy of the government of another state. This was announced by then Minister Genaro Estrada of Mexico in 1930, Hence, this bears his name. Under this doctrine, the Mexican government declared that it would, as it saw fit, continue or terminate its relations with any country in which a political upheaval had taken place and in so doing it does not pronounce judgment, either precipitately or a posteriori, regarding the right of foreign nations to accept, maintain or replace their governments or authorities.

ex aequo et bono - a judgment based on considerations of fairness, not on considerations of existing law. Such a judgment is rendered "beside" or "against the law" (praeter legem or contra legem), not within the law (infra legem or intra legem). For example, Article 38(2) of the I.C.J. Statute permits the Court to render a judgment on these grounds

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ex propio motu - on its own accord.

Exequatur - a legal document issued by a sovereign authority allowing a right to be enforced in the authority's domain of competence. The word is a form of the Latin verb exequi, and means let it be executed in Latin.

Express Recognition – may be verbal or in writing. It may be extended through a formal proclamation or announcement, a stipulation in a treaty, a letter or a telegram, or on the occasion of an official call or conference.

Exterritoriality- This term is used by French jurists to signify the immunity of certain persons, who, although in the state, are not amenable to its laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers from a foreign power, are of this class.

Extradition - the surrender of a person by one state to another state where he is wanted for prosecution or if already convicted, for punishment.

extradition treaty - Bilateral, and usually reciprocal, treaty between sovereign states which (upon request) provides for the surrender of person(s) accused of a crime under the laws of the requesting state. Extradition may be barred for offensesother than those punishable in the surrendering state, and (commonly) its courts must be convinced that a prima faciecriminal case exists.

Extraterritoriality - state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state, the persons and belongings of ambassadors and certain other diplomatic agents, and ships in foreign waters.

F

Federal Union - combination of two or more sovereign states which upon merger cease to be states, resulting in the creation of a new state with full international personality to represent them in their external relations as well as a certain degree of power over their domestic affairs and their inhabitants.

Five Air Freedoms - The five basic freedoms relating to air traffic negotiated in bilateral air agreements between governments of two countries. The first freedom is the right to fly across each other’s territory without landing. The second is the right to make technical or nontraffic

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stops in that country. These two freedoms sometimes are called technical rights. The full name for them is the International Air Services Transport Agreement (IASTA). The third freedom is the right to land traffic in that country that boarded in the home country of the airline. The fourth freedom is the right to pick up traffic in that country destined for the airline’s home country. The fifth freedom is the right to pick up traffic in other countries and carry it to any third country.

Flag of Truce - is the white flag carried by an individual authorize by one belligerent to enter into communications with the other.

Flag of Truce - white flag carried by an individual authorized by one belligerent to enter into communications with the other.

Force majeure - "superior force"; also known as cas fortuit (French) or casus fortuitus(Latin), is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term "act of God" (such as flooding, earthquake, or volcanic eruption), prevents one or both parties from fulfilling their obligations under the contract. However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.

Francs Hireus- it provided they are commanded by the person responsible for his subordinates, they wear a fixed distinction sign recognizable at a distance they carry arms openly and they conduct their operations in accordance with the laws and customs of war.

G

General Principles of Law – these are rules which, because of their intrinsic merit, have been accepted and are being observed by the majority of civilized states ; e.g. prescription, estoppels, res judicata, and pacta sunt servanda.

guerilla - a member of an irregular armed force that fights a stronger force by sabotage and harassment.

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HHostis humani generis - "enemy of mankind"; a legal term of art that originates from admiralty law. Before the adoption of public international law, maritime pirates and slavers were held to be beyond legal protection, and could be dealt with as seen fit by any nation, even if that nation had not been directly attacked. Is also used in the present to describe the status of torturers.

I

Implied Recognition – takes place when the recognizing state enters into official intercourse with the new member by exchanging diplomatic representatives with it, concluding with it a bipartite treaty dealing comprehensively with their relations in general or, as suggested by some writers, acknowledging its flag or otherwise entering into formal relations with it. In the case of a belligerent community, recognition is implied when the legitimate government blockades a port held by the former or when other statutes observe neutrality in conflict.

in toto adverb – absolutely, altogether, all in all, as a whole, collectively, completely, comprehensively, fully, in all, in all respects, in full, in its entirety, in the aggregate, in the whole, omnino, on all counts, plane, thoroughly, totally, unabridgedly, undividedly, unreservedly, utterly, wholly, without omission.

Inchoate title of discovery - must be completed within a reasonable period by the effective occupation of the region claimed to be discovered. Court finds that Dutch possession and use is effective. An inchoate title cannot prevail over a definite title founded on continuous and peaceful display of sovereignty; performs the function of barring other states from entering the territory until the lapse of a reasonable period within which the discovering state may establish a settlement threon and commence to administer it.

Incorporate Union - union of two or more states under a central authority empowered to direct to both their external and internal affairs and possessed of a separate international personality.

Independent States - a state which is not subject to dictation from others.

inter alia - among other things.

Intergenerational Responsibility - Essentially it means that we hold the natural resource treasures of the earth in trust for the benefit, enjoyment and use of the generations of humankind yet to come. It is a trust endowed upon us-as trustee and depository- to use and enjoy.

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International Administrative Law – body of laws and regulations, now highly developed, created by the action of international conferences or commissions which regulate the relations and activities of national and international agencies

International Administrative Law - that body of rules and regulations, now highly developed created by the action of international conferences or commission which regulates the relations and activities of national and international agencies with respect to those material and intellectual interest which have received an authoritative universal recognition. International Comity - refers to those rules of courtesy observed by states in their mutual relations, in that violations of its precepts are not regarded as constituting grounds for legal claims.

International Community - body of juridical entities which are governed by the law of nations.

International Concept of Justice - concept of controversial content that has defied precise definition.

International Diplomacy - relates to the objects of national or international policy and the conduct of foreign affairs or international relations.

International economic law - regulates the international economic order or economic relations among nations. However, the term ‘international economic law’ encompasses a large number of areas. It is often defined broadly to include a vast array of topics ranging from public international law of trade to private international law of trade to certain aspects of international commercial law and the law of international finance and investment.

International Law - body of rules, principles and customs recognized as effectively binding obligations by sovereign states and such other entities as are granted international personality.

International morality or ethics - embodies those principles which govern the relations of states from the higher stand point of conscience, morality, justice and humanity.

Intervention – may be defined as an act by which a state interferes with the domestic or foreign affairs of another state or states through the employment of force or threat of force. Such force may be physical or, in the present state of world affairs, even political or economic.

intra fauces terra - "in the jaws of the land." a principle for defining territorial seas.

intra legem - "within the law" (term used to describe an equitable decision of a court or tribunal that is consistent with the rules of law governing the controversy). As opposed to contra legem.

Ipso Facto - By the fact itself; by that very fact.

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ipso facto - by the fact (or act) itself.

J

Judicial comity - the granting of reciprocity to decisions or laws by one state or jurisdiction to another. Since it is based upon respect and deference rather than strict legal principles, it does not require that any state or jurisdiction adopt a law or decision by another state or jurisdiction that is in contradiction, or repugnant, to its own law.

Jurisdiction - is the authority exercised by a state over persons and things within or sometimes outside its territory subject to certain exceptions.

jus civile - law created within each country. Jus civile is one of two categories of law in formal Roman law, along with jus gentium.

jus cogens - "compelling law," peremptory principles of international law that cannot be overriden by specific treaties between countries; that is: norms that admit of no derogation; they are binding on all states at all times (e.g., prohibitions on aggression, slavery, and genocide).

Jus Feciale - law of negotiations and diplomacy which determined the duties of the Fecial College of the old Roman Republic.

jus gentium - "law of peoples" or "law of tribes," a body of law developed by a Roman praetor peregrinus; applied to non-Romans in the Empire and to dealings between Romans and non-Romans. Jus gentium is one of two categories of law in formal Roman law, along with jus civile.

jus inter gentes - "law among peoples" (nations).

jus naturale - law of nature. The classical Greeks originated the "natural law" idea, but it was greatly elaborated upon by the Romans, including Marcus Aurelius and Cicero; natural law scholars argue that law has a metaphysical source (God, nature) and is apprehensible by rational humans; the law transcends tiem, place, and circumstance.

jus sanguines - the "right of blood" or "law of descent" - at birth an individual acquires the nationality of her or his parents. In contrast to jus soli.

Jus sanguinis – “right of blood” a social policy by which citizenship is not determined by place of birth, but by having a parent(s) who are citizens of the nation.

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Jus soli - "right of the territory"; a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state. It contrasts with jus sanguinis ("right of blood"). Usually a practical regulation of the acquisition of nationality or citizenship of a state by birth on the territory of the state is provided by a derivative law called lex soli. Most states provide a specific lex soli, in application of the respective jus soli, and it is the most common means of acquiring nationality.

jus soli - the "law (or right) of the soil" - the legal principle that an individual's nationality is determined by that person's place of birth (that is, the territory of a given state). Contrast to jus sanguines.

L

lacunae - "holes" in the law; a gap or blank in a writing.

Law of Nature School – a school of thought which believes that international law is based on the rules of conduct discoverable by every individual in his own conscience and through the application of right reason.

Law of the Sea - The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place from 1973 through 1982. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the 60th state to sign the treaty. To date, 158 countries and the European Community have joined in the Convention. However, it is uncertain as to what extent the Convention codifies customary international law.

Levee en Masse- the inhabitants of unoccupied territory who on approach of an enemy, spontaneously take up arms to resist the evading troops without having had the time to organize themselves , provided they only carry arms openly and observe the laws and customs of war.

lex communis - the common law; the body of law developed by human practice.

lex lata - what the law is (as opposed to what the law ought to be, de lege ferenda).lex posterior derogat priori - more recent law prevails over (abrogrates, overrrules, trumps) an inconsistent earlier law. One test that is applied in circumstances when (1) both customary and treaty sources of law exist and (2) these two sources cannot be construed consistently.

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lex scripta - written, "black letter" law

lex specialis derogat generali - specific law prevails over (abrogrates, overrrules, trumps) general law. One test that is applied in circumstances when (1) both customary and treaty sources of law exist and (2) these two sources cannot be construed consistently. Contrast to lex posterior derogat priori.

License to trade - is a permission given by the competent authority by the competent authority to individuals to carry on trade even though there is a state of war.

locus delicti - The place of the offense.

Loss of territory by accretion - occurs when new territory is added mainly through natural causes, to territory already under the sovereignty of the acquired state.

Loss of territory by cession - May be either a voluntary act or as a consequence of a war. Sovereignty over a territory is transferred to other state to exercise sovereignty.

Loss of Territory by Dereliction - When a state fails to exercise its sovereignty over its territory by failure to execute authority and or control.

Loss of territory by Prescription - laying down authoritatively by virtue of a right over possession of another state’s territory; possession should be peaceful, possession should be without interruption, should be in public and for a definite period.

M

male captus, bene detentus - "badly captured, well detained," the legal principle that permits the trial of an improperly seized defendant; in U.S. practice, articulated by the "Ker-Frisbie doctrine"

mare clausum - closed seas; as opposed to mare liberum (freedom of the seas)

mare liberum - a sea open to navigation by shipping of all nations

mare liberum - freedom of the seas; as opposed to mare clausum (closed seas)

Maritime and Fluvial Domain - consist of bodies of water within the land mass and the waters adjacent to the state up to a specified limit.

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mesne assignment - an "assignment" is a transfer or making over to another of the whole of any property, real or personal, or of any estate or right therein; a "mesne assignment" (from the Old English "mesne" for "intermediate, intervening") is an assignment intervening between an original grant and the last assignment.

mutatis mutandis - "when what must be changed has been changed," after making the necessary changes; with alterations to fit the new circumstances. For example: "The new provisions governing the tribunal's operations are to apply as well to the court's operations, mutatis mutandis.

N

Nationality Test- if they are nationals of the other belligerent where ever they may be.

Nationality - membership of a nation or sovereign state. Citizenship is determined by jus soli, jus sanguinis, or naturalization. In some areas of the world, one's nationality is determined by their ethnicity, rather than citizenship. Nationality affords the state jurisdiction over the person and affords the person the protection of the state. By custom, it is the right of each state to determine who its nationals are. Such determinations are part of nationality law. In some cases, determinations of nationality are also governed by public international law—for example, by treaties on statelessness and the European Convention on Nationality.

Naturalization - the process whereby a person becomes a national of a nation, or a citizen of a country, other than the one of his birth.

Negotiation - a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy various interests of two person/ parties involved in negotiation process. Negotiation is a process where each party involved in negotiating try gaining advantage for themselves at the end of the process. Negotiation is intended to aim at compromise.

Neutral power - in a particular war, is a sovereign state which declares itself to be neutral towards the belligerents.

Neutralized state – an independent state whether simple or composite, may be neutalized through agreement with other states by virtue of which the latter will guarantee its integrity and independence provided it refrains from taking any act that will involve it in war or other hostile activity except for defensive purposes.

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non liquet - the law is insufficient to provide a decision

OOpen Sea - available to the use of all states for the purposes of navigation, flying over them, laying submarine cables or fishing.

opinio juris sive necessitatis - (or simply, opinio juris) the perception that a given behavior is required by law, that it is legally obliged, a duty. (as opposed to behaviors that are motivated by other concerns, or simply random or habitual behavior).

P

Pacta Sunt Servanda – “Promises must be kept’; An expression signifying that the agreements and stipulations of the parties to a contract must be observed; the doctrine that agreements must be observed (that is: honored, obeyed).

Pacta tertiis nec nocent nec prosunt : non – parties are usually not bound; the principle that treaties do not impose any obligations, nor confer any rights, on third states.

Par in parem imperium non habet - An equal has no power over an equal. For example, one of two judges of the same court cannot commit the other for contempt.

Partial succession – takes place when a portion of the territory of a state secedes or is cede to another or when an independent state becomes a protectorate or a suzerainty or when a dependent state acquires full sovereignty.

Passport - written permission given by the belligerent government or its authorized agent to the subjects of the enemy state to travel generally in belligerent territory; a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth. Most often, nationality and citizenship are congruent. A passport does not of itself entitle the passport holder entry into another country, nor to consular protection while abroad or any other privileges. It does, however, normally entitle the passport holder to return to the country that issued the passport. Rights to consular protection arise from international agreements, and the right to return arises from the laws of the issuing country. A passport does not represent the right or the place of residence of the passport holder in the country that issued the passport.

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Patrimonial Sea - extends two hundred nautical miles from the coast or the baselines. All living and non – living resources found there in belong exclusively to the coastal state.

per se - "by itself," meaning inherently. Thus, a published writing which falsely accuses another of having a venereal disease or being a convicted felon is "libel per se," without further explanation of the meaning of the statement.

persona non grata - An unwelcome person -- this is the basis of expulsion in diplomatic exchanges.

Personal Union - comes in to being when two or more independent states are brought together under the rule of the same monarch, who nevertheless does not become one international person for the purpose of representing any or all of them.

Positivist School – a school of thought, led by Richard Zouche, contend that international law is based on the consent of states, and on such consents only.

Postliminium - persons or things taken by the enemy are restored to the former state on coming coming actually into the power of the nation to which they belong.

praetor peregrinus - the Roman magistrate who devised the rules of the jus gentium

prima facie - "at first sight," on the face of it, on first consideration. Something presumed or inferred to be true, unless proven otherwise. The standard of evidence applied at U.S. extradition hearings.

Principle of Chivalry - is the basis of such as those require the belligerent to give proper warning before launching to bombardment or prohibit the use of perfidy in the conduct of the hostilities.

Principle of Mare Liberum - the subrogated competence of neighbouring sates in policing and authorizing occupancy has been established on the basis of the principle of freedom, which is also the basis for international regulations concerning fisheries management.

Principle of Military Necessity- the belligerent may subject to the other two principles, employ any amount and kind of force to compel the complete submission of the energy with the least time and money.

Principle of National Treatment- Prohibits discrimination between domestic producers and foreign producers. In practice, this means that once foreign producers have paid proper border dues, no additional burden may be imposed in foreign products.

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Principle of State Continuity - from the moment of its creation, the state continues as a juristic being notwithstanding changes in its circumstances, provided only that they do not result in loss of any of its essential elements

Principle of Tariffication- This principle prohibits the use of quotas on imports or exports and the use of licenses on importation or exportation.

Q

quod hoc - on this matter.

R

Ratification - the approval by the principal of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada. The ratification of international treaties is accomplished by filing instruments of ratification as provided for in the treaty. In most democracies, the legislature authorizes the government to ratify treaties through standard legislative procedures (i.e., passing a bill).

ratio scripta - "written reason," the assessment of Roman law commonly held in the Medieval period

Real Union - created when two or more states are merged under a unified authority so that they form a single international person through which they act as one entity.

Rebus Sic Stantibus – “At this point of affairs; in these circumstances”; A tacit condition attached to all treaties to the effect that they will no longer be binding as soon as the state of facts and conditions upon which they were based changes to a substantial degree.

rebus sic stantibus - "matters standing thus," "things staying as they are" - the doctrine that treaty obligations hold only as long as the fundamental conditions and expectations that existed at the time of their creation hold.

Recognition - mandatory and legal and may be demanded as a matter of right by any entity that can establish its possession of the four essential elements of a state.

Res Communes - claims that some things are ‘common to mankind - the air, running water, the sea, and consequently the shores of the sea [and] the right of fishing in a port, or in rivers, is

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common to all men’. The title to these essential resources was vested in the state, as the sovereign, in trust for the people. Res communes were excluded from private control and the trustee was charged with the duty of preserving the resources in a manner that made them available for certain public purposes.

res judicata - "a matter adjudged ", the legal principle common to many municipal law systems that provides that a matter is settled once a final judgment has been made. Arguably, a general principle of international law under Article 38 (1)(c) of the I.C.J. Statute.

Res nullius – “nobody's property”; a Latin term derived from Roman law whereby res (an object in the legal sense, anything that can be owned, even a slave, but not a subject in law such as a citizen) is not yet the object of rights of any specific subject. Such items are considered ownerless property and are usually free to be owned.

res publica christiana - the community of Christian nations.

Right of Angary – a belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offenses or defense, neutral property found in its territory, in enemy territory or on the high seas.

S

safe-conduct - An official document or an escort assuring unmolested passage, as through enemy territory.

Simple States - placed under a single and centralized government exercising power over both its internal and external affairs.

Sine qua non or condition sine qua non - refers to an indispensable and essential action, condition, or ingredient. It was originally a Latin legal term for "(a condition) without which it could not be" or "but for..." or "without which (there is) nothing."; "without which not," an indispensable condition, a prerequisite

Sovereignty - supreme, uncontrollable power inherent in a state by which the state is governed. It is the “supreme power of the State to command and enforce obedience, the power to which legally speaking, all interests are practically subject and all wills subordinate.” In international law, it is this attribute that enables the state to make its own decisions vis-a-vis other states and vests it with competence to enter into relations and agreements with them.

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stare decisis - The doctrine that previous court decisions establish binding precedent for future cases of similar situations; that is, that courts will abide by previously decided cases. Stare decisis is inapplicable to the I.C.J..

State - group of people living together in a definite territory under an independent government organized for political ends and capable of entering into international relations.

Statelessness - is the condition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another.

Statu quo ante – a Latin for "the way things were before" and incorporates the term status quo. In law, it refers to the objective of a temporary restraining order or a rescission in which the situation is restored to "the state in which previously" it existed.

Stimson Principle – was formulated by U.S. Secretary of State Stimson. It was subsequently adopted by the League of Nations in a resolution declaring that it was incumbent upon the members of the League of Nations not to recognize any situation, treaty or agreement which may be brought about by means contrary to the Covenant of the League of Nations or to the Pact of Paris. This doctrine applies similar inhibitions as that with Tobar or Wilson against governments established as a result of external aggression.

Subjugation - territory is deemed acquired when conquered or occupied in the course of war by the enemy, it is formally annexed to it at the end of the war.

Suspension of arms - a short truce or cessation of operations agreed on by the commanders of contending armies, as for burying the dead, making proposal for surrender or for peace, etc.; an agreement between belligerents, made for a short time or for a particular place, to cease hostilities between them; a temporary cessation of the hostilities by agreement of the local commanders for such purposes as the gathering of the wounded and the burial of the dead.

Sustainable development (SD) - is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come. The term was used by the Brundtland Commission which coined what has become the most often-quoted definition of sustainable development as development that "meets the needs of the present without compromising the ability of future generations to meet their own needs."

Tterra nullius - land without an owner ("no man's land"); territory that may be acquired by a state's occupation of it

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Terra nullius - a Latin expression deriving from Roman law meaning "land belonging to no one" (or "no man's land"), which is used in international law to describe territory which has never been subject to the sovereignty of any state, or over which any prior sovereign has expressly or implicitly relinquished sovereignty. Sovereignty over territory which is terra nullius may be acquired through occupation, though in some cases doing so would violate an international law or treaty.

Terrestrial domain - refers to the land mass, which may be integrate, dismembered or partly bounded or consist of one whole island.

Territorial Sea - belt of waters adjacent to the coast of the state, excluding the internal waters in bays and gulf over the state claims sovereignty and jurisdiction.

Territory - fixed portion of the surface of the earth inhabited by the people of the state.

The Continental shelf - the extended perimeter of each continent and associated coastal plain, and was part of the continent during the glacial periods, but is undersea during interglacial period such as the current epoch by relatively shallow seas (known as shelf seas) and gulfs.

The Doctrine of Continuous Voyage - developed by the English courts to defeat the devices by which Maerican merchant endeavored to avoid the rule denying to neutrals in time of war the right to engage in a commerce from which they were excluded in time of peace.

The Doctrine of Hot Pursuit - A doctrine that provides that the police may enter the premises where they suspect a crime has been committed without a warrant when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator; also sometimes called fresh pursuit.

The Doctrine of Indelible Allegiance - whereby the native-born subject of a state cannot, without consent of that state relinquish his allegiance and obligations to that state and adopt another nationality.

The Eclectic or Grotian School – represents a compromise between the first two (2) schools of thought and submits that international law is binding partly because it is good and right and partly because states have been agreed to be bound by it.

The International Monetary Fund (IMF)- is the intergovernmental organization that oversees the global financial system by following the macroeconomic policies of its member countries, in particular those with an impact on exchange rate and the balance of payments. It is an organization formed with a stated objective of stabilizing international exchange rates and facilitating development through the enforcement of liberalising economic policies on other countries as a condition for loans, restructuring or aid. It also offers loans with varying levels of conditionality, mainly to poorer countries.

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The most favored nation principle (MFN)- The principle means that any special treatment given to a product from one trading partner must be available for like products originating from or destined for other contracting partners.

The Nationality Principle - recognizes that a sovereign can adopt criminal laws which govern the conduct of the sovereign’s nationals while outside of the sovereign’s borders. Under this principle, for example, a sovereign can make it a crime for its nationals to engage is sexual relations with minors while outside of its borders or to pay bribes outside of its borders to public officials of another sovereign. The nationality principle has the effect of allowing a sovereign to adopt laws that make it a crime for its nationals to engage in conduct that is not illegal in the place where the conduct is performed. For example, under this principle a sovereign could make it a crime for its nationals to gamble. If Jane Smith, one of the sovereign’s nationals goes to Monte Carlo and gambles, notwithstanding that gambling is perfectly legal in Monte Carlo, Jane Smith has committed a crime in her country and is subject to prosecution.

The Nuclear Non-Proliferation Treaty - a treaty to limit the spread (proliferation) of nuclear weapons. The treaty came into force on 5 March 1970, and currently there are 189 states party to the treaty, five of which are recognized as nuclear weapon states: the United States, Russia, the United Kingdom, France, and China (also the five permanent members of the United Nations Security Council).

The Outer Space Treaty - formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on January 27, 1967, and entered into force on October 10, 1967. As of 1 January 2008, 98 countries are states-parties to the treaty, while another 27 have signed the treaty but have not yet completed ratification.

The Passive Personalty Principle - recognizes that a sovereign can adopt laws that apply to conduct of foreign nationals who commit crimes against the sovereign’s nationals while the sovereign’s nationals are outside of the sovereign’s territory.

The Patrimonial Sea - The coastal state has sovereign rights over the renewable and non-renewable natural resources which are found in the waters, in the sea-bed and in the subsoil of an area adjacent to the territorial sea called patrimonial sea.

The Principle of Continuity - Once the identity of the state as an int’l person has been fixed and its position in the int’l community established , “the state continues to be the same corporate person whatever changes may take place in its int’l operation and government”. Limitation of sovereignty ,only reduces it to the status of a dependent state but does not entirely deprive it of int’l personality.

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The Principle of Humanity - prohibita the use of any measure that is not absolute necessarily the purpose of war. Such as the poisoning of wells and weapons, the employment of dumdum or expanding bullets and asphyxiating, gases the destruction of works of arts and property devoted to religious or humanitarian purpose the bombarding of undefended places, and attack of hospital ships.

The Principle of Postliminium - as a part of public international law, is a specific version of the maxim ex injuria jus non oritur, providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory after its recapture by the legitimate sovereign. Therefore, if the occupant has appropriated and sold public or private property that may not legitimately be appropriated by a military occupant, the original owner may reclaim that property without payment of compensation[1]. It derives from the jus posiliminii, of Roman law. The codification of large areas of international law have made postliminium to a great extent superfluous though. It may either be seen as a historical concept, or a term generally describing the consequences to legal acts of an occupant after the termination of occupation.

The Thalweg Doctrine - defines the border between two states separated by a watercourse or flowing body of water as lying along the thalweg, which is the line of greatest depth of the channel or watercourse.”

The Universal Principle - recognizes that a sovereign can adopt criminal laws that apply to conduct performed by any person any where in the world when the conduct is recognized by nations as being of universal concern. One type of conduct deemed to be of universal concern is piracy.

The World Bank - is an international financial institution that provides loans to developing countries for capital programs. The World Bank has a goal of reducing poverty. By law, all of its decisions must be guided by a commitment to promote foreign investment, international trade and facilitate capital investment.

The World Trade Organization (WTO) - is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments.

Tobar or Wilson Principle – was expressed in a treaty of the Central American Republics in 1907 at the suggestion of Foreign Minister Tobar of Ecuador and reiterated in 1913 by President Woodrow Wilson of the United States, recognition shall not be extended to any government established by revolution, civil war, coup d’etat or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government.

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Treaty - a formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty –making capacity, for the purpose of regulating their mutual relations under the law of nations; one of the primacy sources of international law if it is concluded by sizeable number of states for the pupose of confirming, establishing, or abolishing a rule of international law

Truce - is sometimes used to interchangeably with the armistice but it is now generally regarded as a cease fire with conditions attached.

Uultra vires - "beyond the powers "; in excess of the authority conferred by law, and hence, invalid, lacking legal effect

United Nations – an international organization created at San Francisco Conference held in the US from April 25 to June 26, 1945. UN succeeded the League of Nations and is governed by a charter that came into force on October 24, 1945.

Unneutral Service – consists of acts, of a more hostile character than carriage of contraband or breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents.

Usage – a long established way of doing things by states, is not coupled with the conviction that it is obligatory and right.

uti possidetis - "as you possess", so you may continue to possess; a principle in international law that territory and other property remains with its possessor at the end of a conflict, unless otherwise provided for by treaty; if such a treaty doesn't include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail.[1] Originating in Roman law, the phrase is derived from the Latin expression uti possidetis, ita possideatis, meaning "as you possessed, you shall possess henceforth". This principle enables a belligerent party to claim territory that it has acquired by war. The term has historically been used to legally formalize territorial conquests, such as the annexation of Alsace-Lorraine by the German Empire in 1871.

Vvel non - "or not "

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vis`-a-vis´ - One who, or that which, is face to face with another; esp., one who faces another in dancing. A carriage in which two persons sit face to face. Also, a form of sofa with seats for two persons, so arranged that the occupants are face to face while sitting on opposite sides.

WWar- armed contention between the public forces of states or other belligerent communities, implying the employment of violence among the paries as a means of enforcing their respective demends upon each other.

Warfare - the traditional method of waging war have been modified considerably by the advent of modern development in naval warfare and particularly, in aerial warfare which played a major role in the last two World War.

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glossary of terms in public international law

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