Legal Terms

Question 1

acceptance, approval

Answer 1

Same effect as ratificaton (quod vide).

Question 2

accession

Answer 2

Same effect as ratification (q.v.), but not preceded by signature.

Question 3

adherence

Answer 3

General term for consent to be bound (q.v.).

Question 4

consent to be bound

Answer 4

To ratify, accept, approve or accede to a treaty.

Question 5

contracting state

Answer 5

A state which has consented to be bound by treaty, whether or not the treaty has entered into force (Article2(1)(f)).

Question 6

customary international law

Answer 6

Rules derived from general practice among states and accompanied by opinio juris (q.v.) (and see p.11).

Question 7

domestic law

Answer 7

Internal law of state (sometimes called municipal or national law).

Question 8

erga omnes

Answer 8

Valid for all, even without their consent.

Question 9

estoppel

Answer 9

The principle that a state cannot act inconsistently if it has accquiesced in a particular situation or taken a particular position with respect to it (see p. 54).

Question 10

exchange of notes

Answer 10

Two or more instruments which constitute either a treaty or an MOU (see pp. 22 and 27).

Question 11

ex gratia

Answer 11

As a matter of discretion.

Question 12

final act

Answer 12

Formal document recording the results of a diplomatic conference, especially one to adopt a multilateral treaty (see p. 91).

Question 13

full powers

Answer 13

Formal document authorising person to sign a treaty or do other acts with respect to a treaty: Article 2(1)(c) (see Chapter 5).

Question 14

international law

Answer 14

The body of rules legally binding on states and other subjects of international law (q.v.) in their relations with each other.

Question 15

international legal personality

Answer 15

Being a person or legal entity to which international law attributes legal rights and obligations (mostly states and international organisations).

Question 16

jurisdiction

Answer 16

The rights in international law for a state to exercise authority over its nationals and persons and thing in its territory, and sometimes abroad (extraterritorial jurisdiction).

Question 17

jus cogens

Answer 17

Peremptory rule of international law.

Question 18

lex ferenda

Answer 18

A rule one would like to be international law.

Question 19

lex lata

Answer 19

A rule one would like to be international law.

Question 20

Memorandum of Understanding

Answer 20

Name given to both treaties and MOUs (see p. 25)

Question 21

MOU

Answer 21

A non-legally binding instrument (see pp. 20-1).

Question 22

negotiating state

Answer 22

A state which took part in the drawing up and adoption of the text of a treaty (Article 2(1)(e)).

Question 23

opinio juris

Answer 23

General belief by states that a non-treaty rule is legally binding on them (see p.11).

Question 24

party

Answer 24

A state which has consented to be bound by a treaty and for which the treaty is in force (Article 2(1)(g).

Question 25

primary legislation

Answer 25

Law made by a legislature (cf. secondary legislation).

Question 26

private international law

Answer 26

The domestic law dealing with cases with a foreign element (also known as conflict of laws).

Question 27

ratification

Answer 27

Following signature, the expression of a state's consent to be bound by a treaty.

Question 28

reservation

Answer 28

A unilateral statement, however phrased or named, made by a state when consenting to be bound by a treaty by which it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that states: Article 2(1)(d) (see Chapter 8.).

Question 29

secondary legislation

Answer 29

Legislation by the executive under power given by primary legislation (q.v.).

Question 30

signatory

Answer 30

Not a precise term. Should only be used to describe a state which has signed but not yet ratified, a treaty; but best avoided (see pp. 96-100 and 114).

Question 31

sovereignty

Answer 31

The right of a state to act independently of other states, subject only to such restrictions as international law imposes.

Question 32

state

Answer 32

A defined territory with a permanent population and a government (see pp. 58 et seq.).

Question 33

state responsibility

Answer 33

Responsibility of a state in international law for its wrongful acts (see p. 361).

Question 34

subject of international law

Answer 34

Possessor of rights and obligations in international law, mainly states and international organizations.

Question 35

subordinate or subsidiary legislation

Answer 35

Secondary legislation (q.v.).

Question 36

third state

Answer 36

A state which is not a party (q.v). to a treaty: Article 2(1)(h) (see Chapter 14).

Question 37

travaux préparatories (or travaux)

Answer 37

Prepatory work of a treaty (see pp. 244 et seq).

Question 38

treaty

Answer 38

“treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;

Question 39

ultra vires

Answer 39

Without legal authority