Postliminium
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Postliminium
The principle of postliminium, as a part of public international law, is a specific version of the maxim '' ex injuria jus non oritur'', providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory after its recapture by the legitimate sovereign. Therefore, if the occupant has appropriated and sold public or private property that may not legitimately be appropriated by a military occupant, the original owner may reclaim that property without payment of compensation. It derives from the ''ius postliminii'', of 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 J .... The codification of large areas of international law have made postliminium to a great extent superfluous though. It may either be seen as a historical concept, or a t ...
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Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their 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 and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ...
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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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On The Law Of War And Peace
''De iure belli ac pacis'' (English: ''On the Law of War and Peace'') is a 1625 book in Latin, written by Hugo Grotius and published in Paris, on the legal status of war. It is now regarded as a foundational work in international law. The work takes up Alberico Gentili's ''De jure belli'' of 1598, as demonstrated by Thomas Erskine Holland. Content Its content owed much to Spanish theologians of the previous century, particularly Francisco de Vitoria and Francisco Suarez, working in the Catholic tradition of natural law. Grotius began writing the work while in prison in the Netherlands. He completed it in 1623, at Senlis, in the company of Dirck Graswinckel. According to Pieter Geyl: It is an attempt by a theologically and classically educated jurist to base upon law order and security in the community of states as well as in the national society in which he had grown up. In the rather naïve rationalism, the belief in reason as the lord of life, is revealed the spiritual so ...
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