|
Persistent Objector
In international law, a persistent objector is a sovereign state which has consistently and clearly objected to a norm of customary international law since the norm's emergence, and considers itself not bound to observe the norm. The concept is an example of the positivist doctrine that a state can only be bound by norms to which it has consented. Objection to the emergence of a norm may come in the form of statements declaring a state's position on an existing right, or action in which a state exercises an existing right in the face of an emerging norm which would threaten that right. Statements made at the time of a rule's establishment, such as in a reservation to a treaty, offer the clearest expression of a state's objection, but objections might also be expressed during treaty negotiations and even in statements by domestic lawmakers accompanying purely municipal legislation. Judicial support for the persistent objector rule is weak. The International Court of Justice has di ... [...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 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 mutu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sovereign State
A sovereign state or sovereign country, is a 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 relations with other sovereign states. It is also normally understood that a sovereign state is independent. According to the declarative theory of statehood, a sovereign state can exist without being 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. Unrecognised states will often find it difficult to exercise full treaty-making powers or engage in diplomatic relations with other sovereign states. History Since the end of the 19th century, almost the entire globe has been divided into sections (countries) with more or less define ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Customary International Law
Customary international law is an aspect of international law involving the principle of custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law. Many governments accept in principle the existence of customary international law, although there are differing opinions as to what rules are contained in it. In 1950, the International Law Commission listed the following sources as forms of evidence of customary international law: treaties, decisions of national and international courts, national legislation, opinions of national legal advisors, diplomatic correspondence, and practice of international organizations. In 2018, the Commission adopted Conclusions on Identification of Customary International Law with commentaries. The United Nations General Assembly welcomed the Conclusions and encouraged their widest possi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reservation (law)
A reservation in international law is a caveat to a state's acceptance of a treaty. A reservation is defined by the 1969 Vienna Convention on the Law of Treaties (VCLT) as: a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. (''Article 2 (1)(d))'' In effect, a reservation allows the state to be a party to the treaty, while excluding the legal effect of that specific provision in the treaty to which it objects. States cannot take reservations after they have accepted the treaty; a reservation must be made at the time that the treaty affects the State. The Vienna Convention did not create the concept of reservations but codified existing customary law. Thus even States that have not formally acceded to the Vienna Convention act as if they had. As reservations ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Municipal Law
Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to international law. Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional, or local law. The state may regard them as distinct categories of law, but international law is largely uninterested in the distinction and treats them all as one. Similarly, international law makes no distinction between the ordinary law of the state and its constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe .... Article 27 of the Vienna Convention on the Law of Treaties from 1969 provides that if a treaty conflicts with a state's municipal law (including the state's constitution), the state is still obliged to meet its obl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obitur Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Asylum Case
''Colombia v Peru'' 950ICJ 6(also known as the ''Asylum Case'') is a public international law case, decided by the International Court of Justice. The ICJ recognised that the scope of Article 38 of the Statute of the International Court of Justice encompassed bi-lateral and regional international customary norms as well as general customary norms, in much the same way as it encompasses bilateral and multilateral treaties. The Court also clarified that for custom to be definitively proven, it must be continuously and uniformly executed. Facts The Colombian Ambassador in Lima, Peru allowed Víctor Raúl Haya de la Torre, head of the American People's Revolutionary Alliance sanctuary after his faction lost a one-day civil war in Peru on 3 October 1948. The Colombian government granted him asylum, but the Peruvian government refused to grant him safe passage out of Peru. Colombia maintained that according to the Conventions in force - the ''Bolivian Agreement of 1911 on Extradit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fisheries Case
''United Kingdom v Norway'' [1951ICJ 3 also known as the ''Fisheries Case'', was the culmination of a dispute, originating in 1933, over how large an area of water surrounding Norway was Norwegian waters (that Norway thus had exclusive fishing rights to) and how much was 'high seas' (that the UK could thus fish). History The situation which gave rise to the dispute and the facts which preceded the filing of the British Application are recalled in the Judgment. The coastal zone concerned in the dispute is of a distinctive configuration. Its length as the crow flies exceeds 1,500 kilometers. Mountainous along its whole length, very broken by fjords and bays, dotted with countless islands, islets and reefs (certain of which form a continuous archipelago known as the ''skjærgård'', "rock rampart"), the coast does not constitute, (as it does in practically all other countries in the world) a clear dividing line between land and sea. The land configuration stretches out into the sea a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter-American Commission On Human Rights
The Inter-American Commission on Human Rights (the IACHR or, in the three other official languages Spanish, French, and Portuguese CIDH, ''Comisión Interamericana de los Derechos Humanos'', ''Commission Interaméricaine des Droits de l'Homme'', ''Comissão Interamericana de Direitos Humanos'') is an autonomous organ of the Organization of American States (OAS). The separate Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together the Court and the Commission make up the human rights protection system of the OAS. The IACHR is a permanent body, with headquarters in Washington, D.C., United States, and it meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. Its human rights duties stem from three documents: * the OAS Charter * the American Declaration of the Rights and Duties of Man * the American Convention on Human Rights Hist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Cogens
Jus may refer to: Law * Jus (law), the Latin word for law or right * Jus (canon law), a rule within the Roman Catholic Church People * Juš Kozak (1892–1964), Slovenian writer * Juš Milčinski, Slovenian theatre improviser * Justin Jus Oborn (born 1971), British lead guitarist and songwriter of the band Electric Wizard Other uses * Jus Reservoir, in Malacca, Malaysia * Japan-US (cable system), a submarine telecommunications cable * Jupiter Upper Stage, a proposed American rocket stage * Yus or jus, a letter in the Cyrillic alphabet * abbreviation for jussive mood, a grammatical mood * JUS, IATA code for USA Jet Airlines, an American cargo airline * jus, ISO 639-3 code for the Jumla Sign Language See also * Au jus ('with juice'), a culinary term referring to sauce served with meat * IUS (other) * Juss (other) *Juice Juice is a drink made from the extraction or pressing of the natural liquid contained in fruit and vegetables. It can also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.svg "Click for more on -> Sovereign State")
.jpg "Click for more on -> International Court Of Justice")
