relevant latin phrases and cases Flashcards

1
Q

‘equals have no sovereignty over each other’

A

par in parem non habet imperium

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2
Q

‘treaties neither harm nor benefit third parties’

A

pacta tertiis nec nocent nec prosunt

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3
Q

‘fundamental change of circumstances’

A

clausula rebus sic stantibus

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4
Q

‘from now on’

A

ex nunc

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5
Q

‘from the beginning’

A

ex tunc

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6
Q

‘sovereign acts’

A

acte iure imperii

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7
Q

‘private acts’

A

acte iure gestionis

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8
Q

‘positive damage that is actually inflicted’

A

damnum emergens

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9
Q

‘loss of profit’

A

lucrum cessans

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10
Q

‘restore situation that existed before violation’

A

restitutio in ingerum

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11
Q

newly independent states should retain the borders they had as administrative units under the previous sovereign power

A

uti possidetis

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12
Q

acquiring nationality based on birthplace

A

ius soli

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13
Q

acquiring nationality based on parents nationality

A

ius sanguinis

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14
Q

case: customary law can emerge from treaties practice must be widespread and uniform in the specially affected states

A

North Sea Continental Shelf Cases 1969

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15
Q

case: existence of bilateral customs is possible, it can still be general practice exercised by those whose interest are particularly affected

A

Right of Passage over Indian Territory Case 1960

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16
Q

case: a persistent objector can prevent being bound by an emerging customary law

A

Norwegian Fisheries Case

17
Q

case: nationality must reflect a genuine connection between an individual and a state

A

Nottebohm Case