International Law β Terms and Phrases
Download the complete document of International Law β Terms and Phrases, compiled and edited by Yani N. Salivio (from University of Nueva Caceres, Philippines), by clicking here. This comprehensive list of terms and phrases is essential for anyone who wants to secure the excellent score in the International Law optional subject in the CSS exam.
- a fortioriΒ β according to Webster: βwith greater reason or more convincing force β used in drawing a conclusion that is inferred to be even more certain than another.β Example: If it is a violation of the sending stateβs rights to arrest its consular official, thenΒ a fortioriΒ it would be a violation to arrest its ambassador.
- a posterioriΒ β from effect to cause; from particular to general; inductive (based on observation or experience).
- a prioriΒ β from cause to effect; from generalization to particular; deductive; presupposed by or reasoning from self-evident propositions (based on theory rather than practice).
- amicus curiaeΒ β βfriend of the courtβ; 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. SuchΒ amicus curiaeΒ briefs are commonly filed in appeals concerning matters of a broad public interest. Example: NPC of Iran v. M/T Stolt Sheaf case
- contra legemΒ β βagainst the lawβ (term used to describe an equitable decision of a court or tribunal that is contrary to the law governing the controversy.Β Such a decision would not normally be permitted unless the tribunal had been empowered to actΒ ex aequo et bono).Β As opposed toΒ intra legem.
- de factoΒ βΒ in fact (as opposed to in law,Β de jure)
- de lege ferendaΒ β what the law ought to be (as opposed to what the law is,Β lex lata).
- de lege lataΒ β what the law is (as opposed to what the law ought to be,Β de lege ferenda).
- de jureΒ βΒ in law (as opposed to in fact,Β de facto).
- erga omnesΒ β βtoward allβ wrongful acts that harm everyone and not simply one injured party)
- estoppelΒ β the requirement of consistency in legal argumentation. βYou canβt have it both ways.βΒ That is:Β βYou canβt have your cake and eat it, too.β 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: theΒ Tinoco Claims ArbitrationΒ and theΒ Eastern GreenlandΒ case
- ex aequo et bonoΒ β a judgement based on considerations of fairness, not on considerations of existing law. Such a judgment is rendered βbesideβ or βagainst the lawβ (praeter legem or contra legem), not within the law (infra legem or intra legem). Example: Article 38(2) of the I.C.J. Statute permits the Court to render a judgment on these grounds
- ex propio motuΒ β on its own accord.
- inter aliaΒ β among other things.
- intra fauces terraΒ β βin the jaws of the land.β a principle for defining territorial seas.
- intra legemΒ β βwithin the lawβ (term used to describe an equitable decision of a court or tribunal that is consistent with the rules of law governing the controversy).Β As opposed toΒ contra legem.
- ipso factoΒ β by the fact (or act) itself.
- jus inter gentesΒ β βlaw among peoplesβ (nations).
- jus civileΒ β law created within each country. Jus civile is one of two categories of law in formal Roman law, along with jus gentium.
- jus cogensΒ β βcompelling law,β 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 gentiumΒ β βlaw of peoplesβ or βlaw of tribes,βΒ 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 gentiumΒ is one of two categories of law in formal Roman law, along withΒ jus civile.
- jus naturaleΒ β law of nature. The classical Greeks originated the βnatural lawβ 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 sanguinesΒ β the βright of bloodβ or βlaw of descentβ βΒ at birth an individual acquires the nationality of her or his parents.Β In contrast toΒ jus soli.
- jus soliΒ βΒ the βlaw (or right) of the soilβ β the legal principle that an individualβs nationality is determined by that personβs place of birth (that is, the territory of a given state)
- lacunaeΒ β βholesβ in the law; a gap or blank in a writing.
- lex communisΒ β the common law; the body of law developed by human practice.
- lex lataΒ β what the law is (as opposed to what the law ought to be,Β de lege ferenda).
- lex posterior derogat prioriΒ β 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. Contrast to lex specialis derogat generali.
- lex scriptaΒ β written, βblack letterβ law
- lex specialis derogat generaliΒ β 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.
- locus delictiΒ β The place of the offense.
- male captus, bene detentus β βbadly captured, well detained,β the legal principle that permits the trial of an improperly seized defendant; in U.S. practice, articulated by the βKer-Frisbie doctrineβ
- mare clausumΒ β closed seas; as opposed toΒ mare liberumΒ (freedom of the seas)
- mare liberumΒ β freedom of the seas; as opposed toΒ mare clausumΒ (closed seas)
- mesne assignment β an βassignmentβ 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 βmesne assignmentβ (from the Old English βmesneβ for βintermediate, interveningβ)Β is an assignment intervening between an original grant and the last assignment
- mutatis mutandisΒ βΒ βwhen what must be changed has been changed,β after making the necessary changes; with alterations to fit the new circumstances.Β For example:Β βThe new provisions governing the tribunalβs operations are to apply as well to the courtβs operations,Β mutatis mutandis.
- non liquetΒ β the law is insufficient to provide a decision
- opinio juris sive necessitatisΒ β (or simply,Β 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). Example: theΒ S.S. LotusΒ case.
- pacta sunt servandaΒ β the doctrine that agreements must be observed (that is:Β honored, obeyed). Contrast to rebus sic stantibus.
- persona non grataΒ β An unwelcome person β this is the basis of expulsion in diplomatic exchanges.
- praetor peregrinusΒ β the Roman magistrate who devised the rules of the jus gentium
- prima facieΒ βΒ βat first sight,β 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.
- quod hocΒ β on this matter.
- ratio scriptaΒ β βwritten reason,β the assessment of Roman law commonly held in the Medieval period
- rebus sic stantibusΒ βΒ βmatters standing thus,βΒ βthings staying as they areβ β the doctrine that treaty obligations hold only as long as the fundamental conditions and expectations that existed at the time of their creation hold. Contrast toΒ pacta sunt servanda.
- res judicataΒ β βa matter adjudged β, 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.
- sine qua nonΒ β βwithout which not,β an indispensable condition, a prerequisite
- stare decisisΒ β 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.Β Β Stare decisisΒ is inapplicable to the I.C.J. See article 59 of the Statute of the ICJ.
- terra nulliusΒ β land without an owner (βno manβs landβ); territory that may be acquired by a stateβs occupation of it
- ultra viresΒ β βbeyond the powers β; in excess of the authority conferred by law, and hence, invalid, lacking legal effect
- uti possidetisΒ β βas you possessβ, so you may continue to possess. In the post-war context:Β the concept that a state may retain possession of territory acquired by force during war. In the post-colonial context:Β the concept that colonial territorial boundaries continue in the post-colonial period and that decolonized territories are not terra nullius (and thus, subject to occupation). For example, Burkina Faso v. Mali
- vel nonΒ βΒ βor not β