relevant latin phrases and cases Flashcards
‘equals have no sovereignty over each other’
par in parem non habet imperium
‘treaties neither harm nor benefit third parties’
pacta tertiis nec nocent nec prosunt
‘fundamental change of circumstances’
clausula rebus sic stantibus
‘from now on’
ex nunc
‘from the beginning’
ex tunc
‘sovereign acts’
acte iure imperii
‘private acts’
acte iure gestionis
‘positive damage that is actually inflicted’
damnum emergens
‘loss of profit’
lucrum cessans
‘restore situation that existed before violation’
restitutio in ingerum
newly independent states should retain the borders they had as administrative units under the previous sovereign power
uti possidetis
acquiring nationality based on birthplace
ius soli
acquiring nationality based on parents nationality
ius sanguinis
case: customary law can emerge from treaties practice must be widespread and uniform in the specially affected states
North Sea Continental Shelf Cases 1969
case: existence of bilateral customs is possible, it can still be general practice exercised by those whose interest are particularly affected
Right of Passage over Indian Territory Case 1960