Vous êtes sur la page 1sur 4

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; fro 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; addiotion; 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.

Activity Test – if being foreigners, ther nevertheless participate in the hostilities in favor of the
belligerent.

Aggression – 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 – Its states that each state agrees not 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 vs.
M/T Stolt Sheaf case.

Anicus occupandi – intention to acquire ownership over an object by occupying it; a necessary element
for establishing title.

Archipelago Doctrine – an archipelago iis 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.

Balance of Power – 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 – group of rebels under an organized civil government who have taken up arms
against legitimate government. When recognized, considered as 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 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 – 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.

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 exchange 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 – 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 – 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 volulntary acceptance by courts of one state of the decision of a sister state on a
similar issue or question.

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 – professionals 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 – 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

Vous aimerez peut-être aussi