Você está na página 1de 4

International Legal Terms

a fortiori even more so/with stronger reason. If some fact


exists, then a related fact exists even more clearly
a priori a proposition known by reason alone, without the
need to demonstrate or prove empirically.
bellum iustum literally just war, referring to a body of
customary international law dealing with both 1) when making
war is justified and 2) how one should conduct war.
Buchrecht clear legal principles or textbook law. A concept
coined by Professor Oppenheimer in 1911 envisaging a system
erected by greater or lesser authorities on the foundations of
state practice and in its details often uncertain and contested.
compromis the decision by two parties (i.e. states) to refer a
matter of contention for determination by a tribunal or the ICJ.
cuius regio, eius religio - no outsider can interfere in the
affairs of a country on religious grounds later extended to
other grounds
de facto rules that have arisen naturally and informally.
de jure rules that have been formally promulgated by a
lawfully constituted authority.
de lege lata what the law is.
de lege ferenda what the law should be.
erga omnes - whereas treaty law is only applicable to
signatories, customary law is 'erga omnes', it includes all
sovereign states and is not restricted (i.e. it is in respect of all
and binding on all).
estoppel - (Old English) a conclusive admission, which cannot
later be denied by the party making it. The relying party can
estop the maker of the admission altering/rescinding their
admission if the relying party has acted upon it (i.e. to prevent
parties deliberately misleading each other).
ex aequo et bono - according to what is right and good - 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). Example: Article
38(2) of the ICJ Statute permits the Court to render a judgment
on these grounds.
ex proprio vigore - ratification of a treaty by the Council of
State and its subsequent publication in the official gazette,
make treaty norms binding and enforceable within the domestic
legal order.
ex proprio motu - "of one's own accord".
force majeure - describing events entirely outside the parties
control that prevent or affect the agreement such as acts of God.
forum prorogatum voluntary and indisputable acceptance of
a courts jurisdiction.

inter alia - among other things.


inter se - between the parties themselves.
intra fauces terra - "in the jaws of the land." a principle for
defining territorial seas.
intra legem - "within the law" (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.
jus ad bellum justification for war, referring to the notion of
when and in what circumstances it is morally right to wage war
jus in bello rules in war, restrictions on the means of making
war humanitarian law.
jus civile - law created within each country - one of two
categories of law in formal Roman law, along with jus gentium.
jus cogens a controversial concept - refers to a higher or
peremptory body of international law, analogous to universal
norms - "compelling law," peremptory principles of international
law that cannot be overridden by specific treaties between
countries - norms that admit of no derogation - binding on all
states at all times (e.g., prohibitions on aggression, slavery and
genocide).
jus inter gentes - "law among peoples" (nations).
jus gentium - "law of peoples" or "law of tribes," a body of law
developed by a Roman praetor Peregrinus; applied to nonRomans in the Empire and to dealings between Romans and
non-Romans - one of two categories of law in formal Roman law,
along with jus civile.
jus naturale - law of nature. The classical Greeks originated
the "natural law" idea, but it was elaborated upon by the
Romans, including Marcus Aurelius and Cicero. Natural law
scholars argue that law has a metaphysical source (God, nature)
and can be understood by rational people - the law transcends
time, place, and circumstance
jus sanguines - the "right of blood" or "law of descent" e.g. at
birth an individual acquires the nationality of her or his
parents. In contrast to jus soli.
jus soli - the "law (or right) of the soil" - the 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.
lex communis - the common law; the body of law developed by
human practice.
lex fori the national law of the forum.
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
(abrogates, overrules, 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 scripta - written, "black letter" law
lex specialis derogat generali - specific law prevails over
(abrogates, overrules, 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 delicti - the place of the offence.
male captus, bene detentus - "badly captured, well detained",
the legal principle that permits the trial of an improperly seized
defendant; in US practice, articulated by the "Ker-Frisbie
doctrine" see Guantanamo debate.
mare clausum - closed seas; as opposed to mare liberum.
mare liberum - freedom of the seas; as opposed to mare
clausum.
mutatis mutandis - "that having been changed which had to
be changed" or more commonly, "with the necessary changes".
ne bis in idem - the principle that one should not be tried twice
for the same matter.
non liquet - the law is insufficient to provide a decision.
nulla poena sine lege no punishment except on the basis of
existing laws a basic defence employed by the defendants at
the Nuremberg trials that they could not be convicted of a crime
(aggression) that did not exist at the time of their alleged offence
standards cannot be retrospectively applied.
obiter dictum refers to the less important reasons why a
case was decided (contrast ratio, the most important reason).
opinio juris reasons of law, including both the ratio and any
other dicta.
pacta sunt servunda states are bound to carry out in good
faith the obligations they have assumed by treaty.
persona non grata - an unwelcome person - the basis of
expulsion in diplomatic exchanges.
prima faecie literally on the face of it, meaning the natural
or first impression before deeper consideration/analysis of the
issue.
proces verbal - authenticated written report of proceedings, the
official record of an international conference.
Quod contra legem fit, pro infecto habetur - what is done
contrary to the law, is considered as not done. No one can
derive any advantage from such an act.
Quod hoc on this matter.
ratio decidendi the reason for deciding (a particular case); if
there is more than one reason the ratio is the most important
reason.

rebus sic stantibus the principle that the obligations of a


contract/treaty end if circumstances change fundamentally.
reductio ad absurdum a philosophical form of argument
demonstrating that a proposition is false because when taken to
its extreme it creates an absurdity.
res judicia - "a matter adjudged ", a 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 ICJ
Statute.
retorsion unfriendly but legal acts (i.e. suspension of
diplomatic relations).
rex est imperator in regno suo sovereign is not subject to
any higher authority and all sovereigns are equal.
signature ad referendum - the signing of a treaty by a
representative subject to confirmation by the state.
sine qua non - "without which not," - an indispensable
condition, a prerequisite.
stare decisis - that previous court decisions establish binding
precedent for future cases of similar situations - courts will
abide by previously decided cases formally inapplicable to the
ICJ - Article 59 of the Statute of the ICJ.
stricto jure Requirement of a consistent legal act in the most
rigid legal formalism, of form not to allow the magnifying of the
direction of the norm that regulates it.
status quo ante the way things were before.
stricto jure requirement of a consistent legal act in the most
rigid legal formalism, of form not to allow the magnifying of the
direction of the norm that regulates it.
stricto sensu - in strict direction.
terra nullius - land without an owner ("no man's land");
territory that may be acquired by a state's occupation of it
ultra vires - "beyond the powers "; in excess of the authority
conferred by law, and hence, invalid, lacking legal effect
uti possidetis - "as you possess", so you may continue to
possess in the post-war context - concept that a state may
retain possession of territory acquired by force during war. In
the post-colonial context - concept that colonial territorial
boundaries continue in the post-colonial period and that
decolonized territories are not terra nullius (and thus, subject to
occupation) See, for example, Burkina Faso v. Mali (ICJ).
vel non - "or not "

Você também pode gostar