Intertemporal Law
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Intertemporal Law
Intertemporal law (''tempus regit actum'') is a concept in the field of legal theory. It deals with the complications caused by alleged abuse or violation of collective or individual rights in the historical past in a territory in which the legal system has undergone significant changes since then, and a redress along the lines of the current legal regime is virtually impossible. The origins of intertemporal law, as a legal theoretical concept, especially in relation to the use of force but also for the delimitation of States' boundaries, are to be found in C.J. Max Huber's discussion in the ''Palmas Arbitration'' case. ('' Islands of Palmas Arbitration'', Netherlands v US, 1928 Events January * January – British bacteriologist Frederick Griffith reports the results of Griffith's experiment, indirectly proving the existence of DNA. * January 1 – Eastern Bloc emigration and defection: Boris Bazhanov, J ...) in which he stated that:"a juridical fact must be ap ...
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William Heflin
William is a masculine given name of Norman French origin.Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 276. It became very popular in the English language after the Norman conquest of England in 1066,All Things William"Meaning & Origin of the Name"/ref> and remained so throughout the Middle Ages and into the modern era. It is sometimes abbreviated "Wm." Shortened familiar versions in English include Will, Wills, Willy, Willie, Liam, Bill, and Billy. A common Irish form is Liam. Scottish diminutives include Wull, Willie or Wullie (as in Oor Wullie or the play ''Douglas''). Female forms are Willa, Willemina, Wilma and Wilhelmina. Etymology William is related to the German given name ''Wilhelm''. Both ultimately descend from Proto-Germanic ''*Wiljahelmaz'', with a direct cognate also in the Old Norse name ''Vilhjalmr'' and a West Germanic borrowing into Medieval Latin ''Willelmus''. The Proto-Germ ...
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Max Huber (statesman)
Hans Max Huber (28 December 1874, in Zürich – 1 January 1960, in Zürich) was a Swiss lawyer and diplomat who represented Switzerland at a series of international conferences and institutions. He studied law at the Universities of Lausanne, Zurich and Berlin. Huber taught international, constitutional and canon law at the University of Zurich from 1902 to 1914, and retained this title until 1921 but could not teach due to World War I. During the War, he advised the Swiss Defence and Foreign Affairs ministries. From 1922 to 1939 he was a Judge of the Permanent Court of International Justice and he served as the Court's President from 1925 to 1927, and from 1928 to 1944 he was president of the International Committee of the Red Cross. He also acted as the arbitrator in the influential Island of Palmas Case between the United States and the Netherlands in 1928 at the Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organizati ...
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1928
Events January * January – British bacteriologist Frederick Griffith reports the results of Griffith's experiment, indirectly proving the existence of DNA. * January 1 – Eastern Bloc emigration and defection: Boris Bazhanov, Joseph Stalin's personal secretary, crosses the border to Iran to defect from the Soviet Union. * January 17 – The OGPU arrests Leon Trotsky in Moscow; he assumes a status of passive resistance and is exiled with his family. * January 26 – The High island, volcanic island Anak Krakatau appears. February * February – The Ford River Rouge Complex at Dearborn, Michigan, an automobile plant begun in 1917, is completed as the world's largest integrated factory. * February 8 – Scottish inventor John Logie Baird broadcasts a transatlantic television signal from London to Hartsdale, New York. * February 11–February 19, 19 – The 1928 Winter Olympics are held in St. Moritz, Switzerland, the first as a separate ...
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International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by the United Nations General Assembly (UNGA) every five years. The ideological roots of the ILC originated as early as the 19th century, when the Congress of Vienna in Europe developed several international rules and principles to regulate conduct among its members. Following several attempts to develop and rationalize international law in the early 20th century, the ILC was formed in 1947 by the UNGA pursuant to the Charter of the United Nations, which calls on the Assembly to help develop and systematize international law. The Commission held its first session in 1949, with its initial work influenced by the Second World War and subsequent concerns about international crimes such as genocide and acts of aggression. The ILC has since held a ...
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Miangas
Miangas or Palmas is North Sulawesi's northernmost island, and one of 92 officially listed outlying islands of Indonesia. Etymology ''Miangas'' means "exposed to piracy", because pirates from Mindanao used to visit the island. In the 16th century, the island was named in Spanish ''Isla de las Palmas'', and in Portuguese ''Ilha de Palmeiras''. In the Sasahara language, the island is called ''Tinonda'' or ''Poilaten'' in Minahasan which mean "people who live separated from the main archipelago" and "our island" respectively. History According to local tradition, there were a number of kingdoms in the area. Sangir, Talaud and Sitaro belonged to two kingdoms, Tabukan and Kalongan. To justify their sovereignty over Miangas, the Dutch argued that the island had been under the domination of the princes of Sangir. Early modern era In October 1526, Garcia Jofre de Loaísa, Spanish sailor and researcher, was the first European to visit the island. The island was used as a defense ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Alaska Native Claims Settlement Act
The Alaska Native Claims Settlement Act (ANCSA) was signed into law by President Richard Nixon on December 18, 1971, constituting at the time the largest land claims settlement in United States history. ANCSA was intended to resolve long-standing issues surrounding aboriginal land claims in Alaska, as well as to stimulate economic development throughout Alaska."Recognition of aboriginal land rights in Alaska was a sharp departure from American Indian policy in other parts of the US. Observers believe this was more a result of slow economic development within Alaska than rejection of Indian policy," citing Cooley, R.A. 1983. "Evolution of Alaska land policy." in Morehouse, T. A. (editor). ''Alaskan Resources Development: Issues of the 1980s''. Boulder: Westview Press, pp. 13-49. The settlement established Alaska Native claims to the land by transferring titles to twelve Alaska Native regional corporations and over 200 local village corporations. A thirteenth regional corporation was ...
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Native Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internationa ...
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Reparations Agreement Between Israel And West Germany
The Reparations Agreement between Israel and the Federal Republic of Germany (German: ''Luxemburger Abkommen'' "Luxembourg Agreement" or ''Wiedergutmachungsabkommen'' "''Wiedergutmachung'' Agreement", Hebrew: ''הסכם השילומים'' ''Heskem HaShillumim'' "Reparations Agreement") was signed on September 10, 1952, and entered in force on March 27, 1953.Honig, F.: The Reparations Agreement between Israel and the Federal Republic of Germany', ''American Journal of International Law 48(4)'', October 1954. URL last accessed 2006-12-13. According to the Agreement, West Germany was to pay Israel for the costs of "resettling so great a number of uprooted and destitute Jewish refugees" after the war, and to compensate individual Jews, via the Conference on Jewish Material Claims Against Germany, for losses in Jewish livelihood and property resulting from Nazi persecution. History In 1952, the first Israeli Prime Minister David Ben-Gurion argued that the reparation demand was based ...
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Reparations For Slavery
Reparations for slavery is the application of the concept of reparations to victims of slavery and/or their descendants. There are concepts for reparations in legal philosophy and reparations in transitional justice. Reparations can take numerous forms, including: affirmative action, individual monetary payments, settlements, scholarships, waiving of fees, and systemic initiatives to offset injustices, land-based compensation related to independence, apologies and acknowledgements of the injustices, token measures, such as naming a building after someone, or the removal of monuments and renaming of streets that honor slave owners and defenders of slavery. There are instances of reparations for slavery, relating to the Atlantic slave trade, dating back to at least 1783 in North America, with a growing list of modern day examples of reparations for slavery in the United States in 2020 as the call for reparations in the US has been bolstered by protests around police brutality an ...
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Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to ''pay'' the claimant for their loss. Evolving Meaning ''American Jurisprudence'' 2d edition notes: Legal vs Equitable Remedy Restitution may be either a legal remedy or an equitable remedy, "depend ngupon the basis for the plaintiff's claim and the nature of the underlying remedies sought". Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien. Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for example ...
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