International Law

Opinio juris

"an opinion of law" is the belief that an action was carried out as a legal obligation.

Terra nullius

"nobody'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.

Ex aequo et bono

(Latin for "according to the right and good" or "from equity and conscience") is a Latin phrase that is used as a legal term of art.

Uti possidetis

(Latin for "as you possess") is 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 does not include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail. Originating in Roman law, the phrase is derived from the Latin expression uti possidetis, ita possideatis, meaning "may you continue to possess such as you do possess" (lit., "as you possess, thus may you possess"). This principle enables a belligerent party to claim territory that it has acquired by war.

Common heritage of mankind

(also termed the common heritage of humanity, common heritage of humankind or common heritage principle) is a principle of international law which holds that defined territorial areas and elements of humanity's common heritage (cultural and natural) should be held in trust for future generations and be protected from exploitation by individual nation states or corporations.

Jus Cogens.

A peremptory norm. Latin for "compelling law" is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted.

Consequences of withdrawal of recognition,

A state may withdraw diplomatic recognition of another state, or simply refuse to deal with that other country, after withdrawing from all diplomatic relations with that country, such as embassies and consulates, and requiring the other country to do the same. The state will appoint a protecting power to represent its interests in the other state. The doctrine of non-recognition of illegal or immoral situations, like territorial gains achieved by force, is called the Stimson Doctrine, and has become more important since the Second World War, especially in the United Nations where it is a method of ensuring compliance with international law - for instance, in the case of Rhodesia in 1965. Withdrawal of recognition of a government is a more severe act of disapproval than the breaking of diplomatic relations.

Grounds for Invalidation, Corruption, Fraud, Coercion

Articles 46-53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty, or due to the content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place. A state's consent may be invalidated if there was an erroneous understanding of a fact or situation at the time of conclusion, which formed the "essential basis" of the state's consent. Consent will not be invalidated if the misunderstanding was due to the state's own conduct, or if the truth should have been evident. Consent will also be invalidated if it was induced by the fraudulent conduct of another party, or by the direct or indirect "corruption" of its representative by another party to the treaty. Coercion of either a representative, or the state itself through the threat or use of force, if used to obtain the consent of that state to a treaty, will invalidate that consent.

Reservations

Because of a high number of reservations against human rights treaties, the International Law Commission (ILC) has, since 1994, included the topic in its work program. ... Making provisions in the treaty itself which limit the opportunity of making reservations. Essentially caveats to a state's acceptance of a treaty. They are unilateral statements purporting to exclude or to modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e. "a party cannot add any caveats after it has already joined a treaty".

Nationality,

By one rule of international customary law, a person who is born within a state's territory and subject to its jurisdiction acquires that state's nationality by the fact of such birth. By another rule, one has a nationality as an inheritance from one or both of one's parents.

De-facto recognition

De-facto recognition of a state is a step towards de-jure recognition. Normally the existing states extend de-facto recognition to the new states or govts. It is after a long lapse of time when they find that there is stability in it that they grant de-jure recognition. Such practice is common among the states. The essential feature of de-facto recognition is that it is provisional and liable to be withdrawn.

Treaty Interpretation,

General Principles of International Law. Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) set forth the basic rules of treaty interpretation. ... All solid treaty interpretation begins with the words of a provision itself, as they are commonly understood. The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted "in good faith" according to the "ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose." International legal experts also often invoke the 'principle of maximum effectiveness,' which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties. No one party to a treaty can impose its particular interpretation of the treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty - this is commonly called an 'authentic interpretation'. International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish the meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself.

Diplomatic Protection

In international law, diplomatic protection (or diplomatic espousal) is a means for a State to take diplomatic and other action against another State on behalf of its national whose rights and interests have been injured by the other State.

Rebuc Sic Santibus

In public international law, Latin for "things thus standing is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances.

A De-facto recognition,

It is extended where a govt. has not acquired sufficient stability. It is provisional (temporary or conditional recognition. It is not legal recognition. However, it is recognition in principle. Three conditions for giving de-facto recognition. -permanence the govt. -commands popular support the govt. -fulfills international obligations.

De-Jure Recognition

It is legal recognition. It means that the govt. recognized formally fulfills the requirement laid down by International law. De-jure recognition is complete and full and normal relations can be maintained.

Role of publicists

Publicists can be local, regional or national level. ... One of the publicist's main functions is to generate press coverage on behalf of clients and to serve as the bridge between clients, their public and media outlets. A publicist manages campaigns and performs other public relations functions.

Conditional Recognition,

The political character of recognition is manifested in what is termed conditional recognition. Sometimes States are recognized subject to certain conditions, generally the fulfillment of certain obligations. Examples of such conditions are: the respect and the guarantee of the rights of ethnic, national groups and minorities; the respect of religious freedoms; and the respect of the rule of law, democracy and human rights. The failure to fulfill the obligations does not annul the recognition, as once given it cannot be withdrawn. The status obtained by the recognized State from the act of recognition cannot be withdrawn. The recognized State will be guilty of a breach of International Law, and this will allow the recognizing State to severe diplomatic relations as a form of sanction. However, the conditional recognition of a State or government in process of emerging is probably revocable.

Recognition of governments,

The question of recognition of government normally arises only with regard to recognized States. When a State recognizes a new "government," it usually acknowledges a person or group of persons as competent to act as the organ of the State and to represent it in its international relations. The only criterion in international law for the recognition of an authority as the government of a State is its exercise of effective control over the State's territory. States may, however, continue to recognize a government-in-exile if an incumbent government is forced into exile by foreign occupation or the de facto government in situ has been created in violation of international law. Despite a trend in the literature to the contrary, there is still no rule of general or regional customary international law that a de facto government, to be a government in the sense of international law, must be democratically elected. Attempts to introduce such a requirement either by treaty (Central American Treaties of Peace and Amity of 1907 and 1923) or as a matter of national (Tobar, Wilson and Betancourt doctrines) or regional policies (Santiago Commitment to Democracy and the Renewal of the Inter-American System, OAS General Assembly Resolution 1080 of 5 June 1991) have failed.

Recognition of States,

The question of the legal effect of recognition of new entities claiming to be "States" has been characterized for over a century by the "great debate" between the "constitutive" and "declaratory" schools of thought. While the former contends that a State only becomes a State by virtue of recognition, the latter - which is now widely accepted - argues that a State is a State because it is a State, that is, because it meets all the international legal criteria for statehood. In the first case recognition is status-creating; in the latter it is merely status-confirming. International lawyers and States do not always distinguish clearly between the requirements for recognition of an entity as a State (the criteria for statehood) and the requirements for recognition of a State, that is, the preconditions for entering into optional or discretionary - diplomatic, political, cultural or economic - relations with the entity (the conditions for recognition). While the former are prescribed by international law, the latter may vary from State to State.

Amendments,

There are three ways an existing treaty can be amended. First, formal amendment requires State parties to the treaty to go through the ratification process all over again. The re-negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining the legal obligations of states, one party to the original treaty and one a party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of the legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e. where the text adopted does not correctly reflect the intention of the parties adopting it.

unilateral declaration

a formal process leading to the establishment of a new state by a subnational entity which declares itself independent and sovereign without a formal agreement with the national state from which it is seceding.

Treaties

a formally concluded and ratified agreement between countries. This is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. It may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same. It can be loosely compared to contracts: both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law.

Diplomatic recognition

a unilateral political act with domestic and international legal consequences, whereby a state acknowledges an act or status of another state or government in control of a state (may be also a recognized state). Recognition can be accorded either de facto or de jure.

(Custom) Customary international law

aspects of international law that study the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law.

General Principles of Law,

in Article 38 of the International Court of Justice Statute are "general principles of law recognized by civilized nations" (i.e. general principles of fairness and justice which are applied universally in legal systems around the world). Examples of these general principles of law are laches, good faith, res judicata, and the impartiality of judges. International tribunals rely on these principles when they cannot find authority in other sources of international law. These general principles of law can be found in decisions of international tribunals and national courts; references to them may also be found in the teachings of the "most highly qualified publicists" (i.e., eminent international law scholars). In fact, Article 38 includes judicial decisions (of both international and municipal tribunals) and scholarly writings as "subsidiary means for the determination of rules of law;" in other words, these are not authorities, rather they are evidence of the sources of international law.

Conquest

in international law, the acquisition of territory through force, especially by a victorious state in a war at the expense of a defeated state. An effective conquest takes place when physical appropriation of territory (annexation) is followed by "subjugation" (i.e., the legal process of transferring title).

Ultra vires

is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires ("within the powers"). If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed "valid" and those that are ultra vires "invalid".

Res communis

is a Latin term derived from Roman law that preceded today's concepts of the commons and common heritage of mankind. It has relevance in international law and common law. In sixth century C.E., the Institutes of Justinian codified the relevant Roman law as: "By the law of nature these things are common to mankind - the air, running water, the sea, and consequently the shores of the sea." Biological examples of res communis include fish and mammals in high seas. Rules for use of the continent Antarctica were based on res communis as was development of space law. The term can be contrasted with res nullius, the concept of ownerless property, associated for example with terra nullius, the concept of unowned property by which British settlement in Australia was based, despite being home to indigenous peoples. Under international law, terra nullius is a territory not under any state.

The Vienna Convention on the Law of Treaties (VCLT)

is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. It was entered into force on 27 January 1980. It has been ratified by 114 states as of April 2014. Some countries that have not ratified the Convention, such as the United States, recognize parts of it as a restatement of customary law and binding upon them as such.

Prescription,

is sovereignty transfer of a territory by the open encroachment by the new sovereign upon the territory for a prolonged period of time, acting as the sovereign, without protest or other contest by the original sovereign.

International Court of Justice (ICJ)

is the principal judicial organ of the United Nations (UN). It was established by the Charter of the United Nations. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

Cession

is when a state transfers its territory to another state, acquisition by this takes place in favour of such later state. This is the transfer of territory usually by treaty from one state to another.

Avulsion

refers to a sudden loss or addition to land, which results from the action of water. It differs from accretion, which describes a gradual loss or addition to land resulting from the action of water.

Accretion

refers to the physical expansion of an existing territory through geographical process.

Role of judicial decisions,

the main difference between the civil and the common law systems is the question of the authority of the judicial decision as a source of law. Common law was built on precedent, civil law on statutes. Precedent, and only precedent, was cited in the past as authority in common law countries, while statutes supplied authority in the countries under civil law. At present, the difference between the two systems is no longer as sharp as before. The doctrine of stare decisis is now less rigid not only in this country, but since 1966 in England as well.' Decisions of common law courts are based now not only on precedent but, increasingly, on statutes as well.

Historic Bays

the traditional concept is one time-honored basis for asserting national claims at the expense of the common high seas, which, however, unlike some of the more recent forms of decentralized enclosures, purports to rely on, or should rely on, a specific, objective and clearly articulated definition. Historic bay is the waters meeting the following conditions: - A waters is used by a coastal state in a continuous, durable and peaceful manner. - A waters recognized by the international community under the form of official document, note and treaty, etc or other implications such as recognition but unofficial (the state announces its sovereignty through diplomatic channels and no country is against such announcement or the state possesses books, materials and maps mentioning its sovereignty, but its neighbor has no corresponding materials about sovereignty. - The state exercises its real sovereignty over the waters (fishing, building of lighthouse, stationed troops, patrol, etc), not just nominal sovereignty.