|
Opinio Juris Sive Necessitatis
''Opinio juris sive necessitatis'' ("an opinion of law or necessity") also simply ''opinio juris'' ("an opinion of law") is the belief that an Action (philosophy), action was carried out as a legal obligation. This is in contrast to an action resulting from Cognition, cognitive reaction or behaviors habitual to an individual. This term is frequently used in legal proceedings such as a defense for a case. ''Opinio juris'' is the subjective element of custom as a sources of law, source of law, both custom (law), domestic and customary international law, international, as it refers to beliefs. The other element is state practice, which is more objective as it is readily discernible. To qualify as state practice, the acts must be consistent and general international practice. A situation where ''opinio juris'' would be feasible is a case concerning Right of self-defense, self-defense. A condition must be met where the usage of force is limited to the situation at hand. The act of stri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Action (philosophy)
In philosophy, an action is something an Agency (philosophy), agent does. Actions contrast with events which merely happen to someone and are typically performed for a Goal, purpose and guided by an intention. The first question in the Action theory (philosophy), philosophy of action is to determine how actions differ from other forms of behavior, like Reflex, involuntary reflexes. According to Ludwig Wittgenstein, it involves discovering "What is left over if I subtract the fact that my arm goes up from the fact that I raise my arm". A common response to this question focuses on the agent's intentions. So driving a car is an action since the agent intends to do so, but sneezing is a mere behavior since it happens independent of the agent's intention. The dominant theory of the relation between the intention and the behavior is ''causalism'': driving the car is an action because it is ''caused'' by the agent's intention to do so. On this view, actions are distinguished from other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diplomatic Immunity
Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities U.S. Department of State, Office of Foreign Missions. It allows diplomats safe passage and freedom of travel in a host country, and affords almost total protection from local lawsuits and criminal prosecution. Diplomatic immunity is one of the oldest and most widespread practices in international relations; most civilizations since Ancient history, antiquity have granted some degree of special status to foreign envoys and messengers. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advisory Opinion On The Legality Of The Threat Or Use Of Nuclear Weapons
''Legality of the Threat or Use of Nuclear Weapons'ICJ 3] is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that while the threat or use of nuclear weapons would generally be contrary to international humanitarian law, it cannot be concluded whether or not such a threat or use of nuclear weapons would be lawful in extreme circumstances where the very survival of a state would be at stake. The Court held that there is no source of international law that explicitly authorises or prohibits the threat or use of nuclear weapons but such threat or use must be in conformity with the UN Charter and principles of international humanitarian law. The Court also concluded that there was a general obligation to pursue nuclear disarmament. The World Health Organization requested the opinion on 3 September 1993, but it was initially refused because the WHO was acting outside its legal capacity (''ultra vires''). So the United Nations ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Permanent Court Of International Justice
The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several centuries old), the court was initially well-received from states and academics alike, with many cases submitted to it for its first decade of operation. Between 1922 and 1940 the court heard a total of 29 cases and delivered 27 separate advisory opinions. With the heightened international tension in the 1930s, the court became less used. By a resolution from the League of Nations on 18 April 1946, both the court and the league ceased to exist and were replaced by the International Court of Justice and the United Nations. The court's mandatory jurisdiction came from three sources: the Optional Clause of the League of Nations, general international conventions and special bipartite international treaties. Cases could also be submitted directly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Turkey
Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armenia, Azerbaijan, and Iran to the east; Iraq, Syria, and the Mediterranean Sea to the south; and the Aegean Sea, Greece, and Bulgaria to the west. Turkey is home to over 85 million people; most are ethnic Turkish people, Turks, while ethnic Kurds in Turkey, Kurds are the Minorities in Turkey, largest ethnic minority. Officially Secularism in Turkey, a secular state, Turkey has Islam in Turkey, a Muslim-majority population. Ankara is Turkey's capital and second-largest city. Istanbul is its largest city and economic center. Other major cities include İzmir, Bursa, and Antalya. First inhabited by modern humans during the Late Paleolithic, present-day Turkey was home to List of ancient peoples of Anatolia, various ancient peoples. The Hattians ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
France
France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlantic, North Atlantic, the French West Indies, and List of islands of France, many islands in Oceania and the Indian Ocean, giving it Exclusive economic zone of France, one of the largest discontiguous exclusive economic zones in the world. Metropolitan France shares borders with Belgium and Luxembourg to the north; Germany to the northeast; Switzerland to the east; Italy and Monaco to the southeast; Andorra and Spain to the south; and a maritime border with the United Kingdom to the northwest. Its metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea. Its Regions of France, eighteen integral regions—five of which are overseas—span a combined area of and hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lotus Case
The ''Lotus'' case was an international legal case involving French Third Republic, France and Turkey in front of the Permanent Court of International Justice. The case is known for establishing the so-called "''Lotus'' principle" in international law. The case Background On 2 August 1926 the S.S. ''Lotus'', a French steamship, steamer, collided with the S.S. ''Bozkourt'', a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the ''Bozkourt'' drowned when the vessel was torn apart by the ''Lotus''. Turkey proceeded to arrest the ''Lotus'''s captain, Mr. Demons; he was subsequently charged and condemned by the Turkish Courts for the damage and the deaths caused by the accident. Appeal to the PCIJ France protested against Turkish actions, claiming that, since the crime was committed in International waters, high seas, any charge against Mr. Demons belonged to the Flag state, flag State jurisdiction, i.e. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Sea Continental Shelf Cases
''Denmark/Federal Republic of Germany/Netherlands'' [1969ICJ 1(also known as ''The North Sea Continental Shelf cases'') were a series of disputes that came to the International Court of Justice in 1969. They involved agreements among Denmark, Germany, and the Netherlands regarding the "delimitation" of areas, rich in oil and gas, of the continental shelf in the North Sea. Case context The North Sea coast of Germany is concave, but those of the Netherlands and Denmark are convex. If the delimitation had been determined by the equidistance rule ("drawing a line each point of which is equally distant from each shore"), Germany would have received a smaller portion of the resource-rich shelf relative to the two other states. Thus, Germany argued that the length of the coastlines be used to determine the delimitation. Germany wanted the ICJ to apportion the Continental Shelf to the proportion of the size of the state's adjacent land, which Germany found to be 'a just and equitable s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Paquete Habana
''The Paquete Habana; The Lola'', 175 U.S. 677 (1900), was a landmark decision of the United States Supreme Court concerning the applicability and recognition of international law by the United States. The Court held that the capture of fishing vessels as prizes of war violated customary international law, which is integrated with U.S. law and binding as such. ''Paquete Habana'' influenced subsequent court decisions that incorporated international law regarding other matters. The case is also notable for citing a wide breadth of historical and international sources, including jurists from around the world and foreign state practices going back centuries. Background of the case In April 1898, two fishing vessels, the ''Paquete Habana'' and the ''Lola'', separately sailed from the Spanish colony of Cuba. Both were eventually captured by merchant vessels comprising the United States blockade of the island, which, unbeknownst to the crew, had been instituted amid rising tensions be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of The International Court Of Justice
The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice (replacing the Permanent Court of International Justice). Structure The Statute is divided into 5 chapters and consists of 70 articles. The Statute begins with Article 1 proclaiming: The 69 Articles are grouped in 5 Chapters: *Chapter I: Organization of the Court (Articles 2 - 33) *Chapter II: Competence of the Court (Articles 34 - 38) *Chapter III: Procedure (Articles 39 - 64) *Chapter IV: Advisory Opinions (Articles 65 - 68) *Chapter V: Amendment (Articles 69 & 70) Article 38.1 lists sources that the court may apply to decide a case, including: treaties, customary international law, general principles of law, and (as subsidiary means) judicial decisions and academic writing. These sources are qualified by Article 59 which states that ICJ decisions are binding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obligation
An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. Obligation exists when there is a choice to do what is morally good and what is morally unacceptable. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, religious, and possibly in terms of politics, where obligations are requirements which must be fulfilled. These are generally legal obligations, which can incur a penalty for non-fulfilment, although certain people are obliged to carry out certain actions for other reasons as well, whether as a tradition or for social reasons. Obligations vary from person to person: for example, a person holding a political office will generally have far more obligations than an average adult citizen, who themselves will have more obligations than ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
