Latin Terms Flashcards
Refers to the belief or recognition by states that a particular practice is carried out as a legal obligation.
opinio juris
peremptory norm
jus cogens
the more specialized law holds precedent over a general law
lex specialis
the more recent law holds precedent over an older law
lex posterior
refers to the body of laws and legal norms currently recognized and binding in a given legal system, whether at the domestic or international level.
lex lata
comparing the views of other writers as to what they think the law ought to be
lex ferenda
treaties written in the style of law
Traité-loi
treaties written in the style of contracts
Traité-contrat
treaties or contracts are binding upon the parties that entered into them
pacta sunt servanda
as a whole
in toto
a treaty does not bind third parties
Pacta tertiis nec nocent nec prosunt
a treaty cannot adversely affect the rights of a third party
Res inter alios acta aliis nec nocet nec prodest
certain obligations of a state are owed to all states, or…
erga omnes
a choice to dispense with the law and decide solely based on what is considered “fair and equitable” by the judge
ex aequo et bono
Roman concept of international law, specifically the law applying to non-roman citizens
ius gentium
Territory without a master
terra nullius
in the process of being born
in statu nascendi
newly formed sovereign states should retain the internal borders that their preceding dependent area had before their independence
uti possidetis
the prohibition of the use of force
jus contra bellum
nationality by place of birth
jus soli
nationality by blood
jus sanguinis
sovereign acts
acta de jure imperii
commercial acts
acta de jure gestionis
