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Customary Court
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be an opinion of law or necessity (''opinio juris''). Most customary laws deal with ''standards of the community'' that have been long-established in a given locale. However, the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action – for example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that have evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Opinio Juris
''Opinio'' was a Dutch weekly magazine which was briefly published between 2007 and 2008. The magazine was headquartered in Amsterdam, the Netherlands. History ''Opinio'' was first appeared on 18 January 2007. The magazine ceased operations and declared bankruptcy on 3 June 2008. The number of subscribers at that point was 5000, which was not economically sustainable. The magazine was an initiative of former ''Trouw'' editor Jaffe Vink. It appeared in tabloid format (16 pages), and was printed on pink paper. It did not contain any advertisements, nor pictures or editorial cartoons. The magazine described itself as left wing-conservative. The headquarters of the magazine which was published weekly on Fridays was in Amsterdam. ''Opinio'' was largely funded by IT-entrepreneur Roel Pieper. Among its many contributors were Ayaan Hirsi Ali, Paul Cliteur, Afshin Ellian, Derk Jan Eppink and Bart Jan Spruyt and Douglas Murray. Incidents In 2008, Dutch prime minister Jan Peter Balkenen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutes
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states a ..., individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genocide
Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin suffix ("act of killing").. In 1948, the United Nations Genocide Convention defined genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts were: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. The Political Instability Task Force estimated that 43 genocides occurred between 1956 and 2016, resulting in about 50 million deaths. The UNHCR estimated that a further 50 million had been displac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peremptory Norm
A peremptory norm (also called or ' ; Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are ''jus cogens'' nor how a norm reaches that status, but it is generally accepted that ''jus cogens'' bans genocide, maritime piracy, enslaving in general (i.e. slavery as well as slave trade), wars of aggression and territorial aggrandizement, torture, and refoulement. The latter two are evolving and controversial as they rest mainly on the definition of torture in regards to criminal sentencing. If sentencing is not cruel, inhuman or degrading but arbitrary or disproportionate convictions are imposed then a state's ''refoulement'' – where limited to the returning of unsubstantiated asylum claimants – may still be lawfully conducted to many such countries which are juridically develo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diplomacy
Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. 1 Diplomacy is the main instrument of foreign policy which represents the broader goals and strategies that guide a state's interactions with the rest of the world. International treaties, agreements, alliances, and other manifestations of international relations are usually the result of diplomatic negotiations and processes. Diplomats may also help to shape a state by advising government officials. Modern diplomatic methods, practices, and principles originated largely from 17th-century European custom. Beginning in the early 20th century, diplomacy became professionalized; the 1961 Vienna Convention on Diplomatic Relations, ratified by most of the world's sovereign states, provides a framework for diplomatic procedures, methods, and co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign State
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined territory (see territorial disputes), one government, and the capacity to enter into International relations, relations with other sovereign states. It is also normally understood that a Sovereignty#Sovereignty and independence, sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being Diplomatic recognition, recognised by other sovereign states.Thomas D. Grant, ''The recognition of states: law and practice in debate and evolution'' (Westport, Connecticut: Praeger, 1999), chapter 1. List of states with limited recognition, Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in Diplomacy, diplomatic relations with other sovereign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fuero
(), (), () or () is a Spanish legal term and concept. The word comes from Latin , an open space used as a market, tribunal and meeting place. The same Latin root is the origin of the French terms and , and the Portuguese terms and ; all of these words have related, but somewhat different meanings. The Spanish term has a wide range of meanings, depending upon its context. It has meant a compilation of laws, especially a local or regional one; a set of laws specific to an identified class or estate (for example , comparable to a military code of justice, or , specific to the Roman Catholic Church). In many of these senses, its equivalent in medieval England would be the custumal. In the 20th century, Francisco Franco's regime used the term for several of the fundamental laws. The term implied these were not constitutions subject to debate and change by a sovereign people, but orders from the only legitimate source of authority, as in feudal times. Characteristics ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sachsenspiegel
The (; gml, Sassen Speyghel; modern nds, Sassenspegel; all literally "Saxon Mirror") is one of the most important law books and custumals compiled during the Holy Roman Empire. Originating between 1220 and 1235 as a record of existing local traditional customary laws and rulings, it was used in places until as late as 1900. Some legal principles as captured in the book reign into recent time laws throughout Europe. It is important not only for its lasting effect on later German and Dutch law but also as an early example of written prose in a German language. The Sachsenspiegel is the first comprehensive law book not in Latin, but in Middle Low German. A Latin edition is known to have existed, but only fragmented chapters remain. History The ''Sachsenspiegel'' was one of the first prose works written in the Middle Low German language. The original title is ''Sassen Speyghel'', ''Sachsenspiegel'' being a later Standard German translation. It is believed to have been compiled ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Coutume De Paris
Old French law, referred to in French as ''l'Ancien Droit'', was the law of the Kingdom of France until the French Revolution. In the north of France were the ''Pays de coutumes'' ('customary countries'), where customary laws were in force, while at the south were the ''Pays de droit écrit'' ('countries of written law'), where Roman law had remained paramount. Roughly speaking, the line separating the two areas was the river Loire, from Geneva to the mouth of the Charente, although this was not a firm border between the two categories of law. As worded by George Mousourakis, "in both zones, the law in force also included elements derived from royal, feudal, and canonical sources." ''Pays de coutumes'' In the north existed a variety of customs "with a Frankish-Germanic character." The ''coutumes'' were asserted and enforced under feudalism during the Middle Ages and in the early modern period by the French kings and their vassals, especially in the lands of the Île-de-Franc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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