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Intl Public Law > Terms > Flashcards

Terms Flashcards

1
Q

Jurisprudence

A

Study of the general or particular legal system as opposed to its practical and concrete detail. It is judicial precedence considered collectively.

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2
Q

Opino juris

A

The principle that for conduct or practice to become a rule of international customary law, it must be shown that nations believe that international law (rather than moral obligation) mandates the conduct or practice

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3
Q

Decision

A

A judicial or agency determination after consideration of the facts and the law; especially in a ruling, order or judgment pronounced by a court when considering or despising of a case

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4
Q

Exaquo e bono

A

A decision maker, specially in international law, is not bound by legal rules and may instead follow equitable principles

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5
Q

Advisory opinion

A

A non-binding statement by a court of its interpretation of the law on a matter submitted for that purpose.

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6
Q

Comity

A

A practice among political entities such as nations, states, or courts of different jurisdictions. Involving mutual recognition of legislative executive and judicial acts.

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7
Q

Codification

A

It is the process of compiling, arranging and systematizing the laws of a given jurisdiction or a discrete branch of the law into an ordered code

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8
Q

Judicial activism

A

It is a philosophy of judicial decision making whereby judges allow their personal views about public policy, among other factors to guide their decisions usually with the suggestion that adherence of this policy tend to find constitutional violations and are willing to ignore precedent

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9
Q

Ultra vires

A

Unauthorized, beyond the scope of power allowed or granted by law

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10
Q

Jus gentium

A

The body of law, taken to be common, to all civilized peoples, and applied in dealing with the relations between roman citizens and foreigners

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11
Q

Pact asunt servanda

A

It is the rule that agreements and stipulations especially those contained in treaties must be observed

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12
Q

Colonialism

A

Dependent territorial entity subject to the sovereignty of an independent country [state], but considered part of that country for purposes of relations with third countries

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13
Q

Capitulation

A

An agreement to surrender a fortified place; it is the act of surrendering or giving in

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14
Q

Jus cogens

A

A mandatory or preemptory norm of general international law, accepted and recognized by the international community as a norm from which no derogation is permitted. A preemptory norm can be modified only by a later norm that has the sane character

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15
Q

Recognition

A

The formal admission/acknowledgement that a person entity or thing has a particular status; a nation’s act informally acknowledging the existence of another nation or national government

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16
Q

Sovereignty

A

Supreme dominion, authority or rule. Power enjoyed by a governmental entity of an independent state including affairs within its own territory; the supreme political authority to manage internal affairs

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17
Q

Independence

A

The state or quality of being independent, a country’s freedom to manage its affairs without control by other countries. Not subject to the control or influence of another

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18
Q

Constitutive vs declaratory

A

Declaratory is when a state declares itself a state (Kosovo)

Constitutive is when you can say you are a state but aren’t really until someone else also recognizes

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19
Q

Prima farcie

A

At first sight; on first appearance but subject to further evidence or information (it could sound like a duck but may not be duck)

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20
Q

Secession

A

The process or act of withdrawn (especially from a political association)

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21
Q

Succession

A

The act or right of legally or officially taking over a predecessor’s office, rank or duties; continuation of a states legal status despite changes in ownership

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22
Q

Standing

A

A party’s right to make a legal claim or seek judicial enforcement of a duty or a right

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23
Q

Binding

A

Having legal force; requiring obedience

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24
Q

State action

A

Anything done by a government; especially in constitutional law, an instruction on a person/party’s rights. Either by a governmental entity or by a private requirement that can be enforced only by governmental actions

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25
Q

Equity

A

Fairness, impartiality evenhanded dealing. The body of principles constituting what is fair and right

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26
Q

Usage

A

A well known customary and uniform practice usually within a specific profession or business

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27
Q

Estopel

A

A bar that prevents one from asserting a claim or right that contradicts what one has said or done before or would have been legally established as true

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28
Q

Prestation

A

What is being exchanged when we enter into a contract

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29
Q

Rez communis

A

Belonging to no one but for the benefit of mankind

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30
Q

Rez neullious

A

Belonging to no one but susceptible to ownership

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31
Q

Treaty

A 
According to the Vienna convention on the law of treaties –
An international (between states) agreement (meaning a mutual meeting of minds); prestation concluded between states in a written form (it is a codification) government by intl law 
•	official def*
an agreement formally signed, rafitied or adhered to between two nations or sovereigns; an international agreement concluded between two or more states in written form and governed by international law (!it said nations so for ex aboriginals are a nation so it is applicable to them )
32
Q

Accession

A

The act of acceding or agreeing. A method by which a nation that is not among a treaty’s original signatories becomes a party to it

33
Q

De facto

A

Actual, existing in fact, having effect even though not formally or legally recognized

34
Q

De jure

A

Existing by right or according to the law

35
Q

Consent

A

Agreement, approval or permission as to some act or purpose especially given voluntarily by a competent person, legally effective assent

36
Q

Custom

A

A practice that’s by its common adoption and long of unvarying habit has come to have the force of law

37
Q

Audi alteran partem

A

Everyone has the right to be heard

38
Q

Burden of proof

A

In criminal law you must prove beyond a reasonable doubt

In civil law you must prove by a preponderance of probability

39
Q

Entry into force

A

Being or having force or effect especially the designated part of a legal instrument that gives effect to the transaction involved the operative provision of the contract

40
Q

Reservation

A

The establishment of a limiting condition or qualification especially a nations formal declaration upon signing or ratifying the treaty that its willingness to become a party to the treaty is conditioned upon the modification or amendment of one or more provisions of the treaty as applied in it’s relations with other parties to the treaty

41
Q

Material breach

A

A breach of contract that is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial) thus excusing that party from further performance and affording it (the aggrieved party) the right to sue for damages

42
Q

Rebus sic stantibus

A

(article 62 of the VCLT)
The principle that all agreements are concluded with the implied condition that they are binding only as long as there is no major changes in circumstances

43
Q

Ownership

A

Criteria for ownership: usus; fructus; abusus

44
Q

Prescription

A

The effect of the lapse of time in creating and destroying rights. The extinction of a title or right by failure to claim or exercise it over a long period. The acquisition of something or title to a thing or intangible thing such as the use of real property by open and continuous possession over a statutory period

45
Q

Promise

A

The manifestation of an intention to act or refrain from acting in a specified manor, conveyed in such a way that another is justified in understanding that a commitment has been made; a person’s assurance that the person will or will not do something it is a binding promise – a promise is a unilateral obligation

46
Q

Renunciation

A

The express or tacit abandonment or a right without transferring it to another. Renouncing your right over a certain territory

47
Q

Accretion

A

The gradual accumulation of land by the natural forces especially with san that is added to the land that is situated or a natural phenomenon where water resides

48
Q

Acquiescence

A

-not to be confused with renunciation-

To accept tacitly or passively to give or imply consent

49
Q

Notification

A

A formal announcement of a legally relevant fact, action or intent such as a notice of intent to whit-draw from a treaty

50
Q

Belligerent

A

A country involved in a war or any other armed conflict. The status assumed by the nation that wags war against another nation

51
Q

Jurisdiction

A

Government general power to exercise authority over all persons and things within its territory, a state’s power to create interests that will be recognized under common law principles known as comity as valid in other states

52
Q

Adjudication

A

The legal process of resolving a dispute. The process of judicially deciding a case

53
Q

Judicial review

A

A court’s power to review the actions other branches or levels of government especially the courts power to invalidate an administrative body’s factual or legal finding

54
Q

Appeal

A

A proceeding undertaken to have a decision reconsidered by a higher authority, it is the submission of a lower court’s decision for possible reversal

55
Q

Arbitration

A

A method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and who’s decision is binding

56
Q

Obiter dicta

A

A judicial comment made while delivering a judicial opinion but one that is unnecessary to the decision in the case and therefore not presidential

57
Q

Res judicta

A

The principle that an issue decided by a court should not be re-opened

58
Q

Persistent objector

A

A state that is able to continuously object to use it’s influence and advancement of laws/ideals/customs that will never develop into international customary law
The ability to keep a law from being generally and consistently applied

59
Q

Subsequent objector

A

A state that objects to a custom after having agreed upon and followed it

60
Q

Norm

A

A model or standard accepted by society and other large institutions which society judges someone or something

61
Q

Agreement

A

Mutual understanding between two or more persons about their relative rights and duties regarding past or future performances

62
Q

Rule of law

A

A substantive legal principle. It is the supremacy of the regular as opposed to arbitrary power

63
Q

Stare decisis

A

The doctrine of precedent under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation

64
Q

Sui generis

A

Of its own kind of class. Unique or peculiar

65
Q

Usufruct

A

The legal right to use and derive profit from property that either belongs to another person or which is under common ownership as long as the property is not damaged or destroyed

66
Q

Article 59 of ICJ

A

The decision of the court has no binding force exempt between the parties in respect of that particular case

67
Q

Article 15

A

Consent of a state to be bound by a treaty os expressed by accession

68
Q

Article 9

A

Adoption of the text of a treaty takes place by the consent of all states participation in its drawing up

69
Q

Article 25 of UN charter

A

The members of the UN agree to accept and carry out the decisions of the security council in accordance with the present charter

70
Q

Article 39 of UN charter

A

The security council shall determine the existence of any threat to peace or act of aggression and shall make recommendations or decide what measures shall be taken in accordance with articles 41/42 to maintain and restore intl peace and security

71
Q

Article 62 -1 VCLT

A

Fundamental change in circumstances which occurs at the end of making the treaty affects the circumstances which was not anticipated.

72
Q

Article 62 -1 a) VCLT

A

Fundamental change in circumstance does not give the opportunity to whit draw from the treaty unless the circumstances are considered essential for the consent of the parties bound

73
Q

Article 62 -1 b) VCLT

A

The effect of the change completely transforms the obligations to be performed under the treaty

74
Q

Article 60 -1 VCLT

A

A material breach of a bilateral treaty by one of the parties entails the other to invoke the breach as ground for terminating the treaty or suspending its operation

75
Q

Material sources of the law

A

Sources of law which provide evidence of the existence of rules which when proven have the status of legally binding rules of general application

76
Q

Formal sources of the law

A

Legal procedures and method fot the creation of rules of general application which are legally binding on the addresses

Intl Public Law (1 decks)

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