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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 ʹ 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 ʹ ͞intention to acquire ownership over an object by occupying it͟; 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.

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Balance of Power ʹ 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 ʹ 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 ʹ 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.

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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 î 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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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 ʹ 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 ʹ 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.

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Damnun Absque Injuria ʹ ͞a loss or damage without injury͛; 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 î 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  , which means rightful, legitimate, just, or constitutional. Thus,
an officer, king, or government  
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 
 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 ʹ 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 ʹ ͞outdated, no longer custom͟; 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 ʹ 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 ʹ 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.

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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: ñ  


      
  


En route - n 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 ʹ 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 , and
means      in Latin.

Express Recognition ʹ 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.

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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 other͛s 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 airline͛s 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.

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General Principles of Law ʹ 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,   , and    .

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

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Hostis 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.


Implied Recognition ʹ 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  ʹ 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 ʹ 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 law͛ 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 ʹ 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.

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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 ʹ ͞right of blood͟ 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.


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

Law of Nature School ʹ 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 (UNCLS), 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 (UNCLS 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. UNCLS 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. ne 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. ne 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 state͛s territory; possession should be peaceful, possession should be
without interruption, should be in public and for a definite period.

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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 ld 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.

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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   , rather than    . 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 lawͶfor
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 ʹ 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.

c   
 
non liquet - the law is insufficient to provide a decision


pen 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).


Pacta Sunt Servanda ʹ ͞Promises must be kept͛; 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 ʹ 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 ʹ 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.

c   
 
Patrimonial Sea - extends two hundred nautical miles from the coast or the baselines. All living
and non ʹ 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 ʹ 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.

c   
 
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.

'
quod hoc - on this matter.

Î
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 ʹ ͞At this point of affairs; in these circumstances͟; 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

c   
 
common to all men͛. 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 ʹ ͞nobody's property͟; 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 ʹ 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.

p
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.

c   
 
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 ʹ 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 ʹ 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."


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

c   

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 ʹ 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.

c   
 
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 sovereign͛s nationals while outside of the sovereign͛s 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
sovereign͛s 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 uter Space Treaty - formally known as the Treaty on Principles Governing the Activities of
States in the Exploration and Use of uter Space, including the Moon and ther 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 ctober 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 sovereign͛s nationals while the
sovereign͛s nationals are outside of the sovereign͛s 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 - nce the identity of the state as an int͛l person has been fixed and
its position in the int͛l community established , ͞    
 
    

 

            
 
  
      



  only reduces it to the status of a dependent state but does not entirely deprive it
of int͛l personality.

c   

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    

 , 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 
 , 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. ne 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 rganization (WT) - 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
WT agreements which are signed by representatives of member governments and ratified by
their parliaments.

Tobar or Wilson Principle ʹ 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 d͛etat or other forms of internal violence until the
freely elected representatives of the people have organized a constitutional government.

c   

Treaty - a formal agreement, usually but not necessarily in writing, which is entered into by
states or entities possessing the treaty ʹmaking 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.

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

United Nations ʹ 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 ctober 24, 1945.

Unneutral Service ʹ 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 ʹ 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] riginating 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.

l
vel non - "or not "

c   

vis`-a-vis´ - ne 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.


War- 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.

ʹoʹʹʹoʹ

c