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jus cogens

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absolute theory of sovereign immunity

absolute theory of sovereign immunity  

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Overview Page
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Law
A theory that long prevailed, particularly in the UK, that a foreign state could not be impleaded (i.e. sued) before a municipal tribunal in any circumstances. The doctrine of sovereign immunity was ...
Armed Activities on the Territory of the Congo Cases

Armed Activities on the Territory of the Congo Cases  

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(Democratic Republic of Congo v. Burundi, Rwanda, and Uganda) 2001 I.C.J. 3, 6. On 23 June 1999, the Democratic Republic of Congo (DRC) instituted proceedings against Burundi, Uganda, and Rwanda ...
customary international law

customary international law  

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Overview Page
Subject:
Law
What might be called the “common law” of the law of nations. It consists of a vast body of detailed rules that, until the dawn of the 20th century, constituted the chief body of international law. ...
Darfur

Darfur  

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Darfur is the westernmost state in Sudan. Despite its long and complex history, it has gained international attention only since 2003 when an insurgency emerged in the region, triggering a ...
derogation

derogation  

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Subject:
Law
N.Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically:1 (in the European Convention on Human Rights) A provision that enables a signatory state ...
erga omnes

erga omnes  

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‘Opposable to, valid against, “all the world”, i.e. all other legal persons, irrespective of consent on the part of those thus effected’: Brownlie, Principles of Public International Law (6th ed. ...
extraordinary rendition

extraordinary rendition  

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Law
A euphemism for the extrajudicial transfer of individuals from one state to another. The term arose in relation to the recent US practice of transferring suspected terrorists to countries known to ...
genocide

genocide  

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Subject:
History
The deliberate killing of a large group of people, especially those of a particular race or nation. The term is recorded from the 1940s, in relation to Nazi rule in occupied Europe.
hierarchy of norms

hierarchy of norms  

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(1)In respect of the sources listed in art. 38(1) of the Statute of the I.C.J., ‘[t]hey are not stated to represent a hierarchy, but the draftsmen intended to give an ...
International Court of Justice

International Court of Justice  

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A court at The Hague, consisting of fifteen judges elected for nine‐year terms of office, that has power to determine disputes relating to international law. It was set up by the United Nations in ...
jurisdiction

jurisdiction  

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Subject:
Law
N.1 The power of a court to hear and decide a case or make a certain order. (For the limits of jurisdiction of individual courts, see entries for those courts.)2 The territorial limits within which ...
jus dispositivum

jus dispositivum  

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A law or rule ‘capable of being modified by contrary consensual engagements’ (Schwarzenberger, International Law and Order (1971), 5), thus to be contrasted with jus cogens.
modification (in treaty law)

modification (in treaty law)  

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While it is a cardinal principal of the law of treaties that the terms of a treaty must be performed by the parties (pacta sunt servanda: art. 26 of the ...
non-derogable

non-derogable  

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This terms is used in international law in two related contexts. (1) In terms of art. 53 of the Vienna Convention on the Law of Treaties of 23 May 1969 ...
public order

public order  

Roman law took as one of its prime duties the protection of public order by tying capital and non-capital punishments to an extensive list of crimes. With the fall of ...
reparations

reparations  

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Overview Page
Subject:
Law
Pl. n. (in international law)1 Compensation for injuries or international torts (breaches of international obligations). Whenever possible, international courts or arbitration tribunals will rule ...
so-called right of development

so-called right of development  

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Overview Page
The ‘right to development’ has been claimed as a collective human right; the Declaration on the Right to Development of 4 December 1986 (General Assembly Res. 41/128) asserting that development ...
South Africa

South Africa  

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Overview Page
Subject:
History
South Africa has healed the wounds of apartheid but still suffers from serious violenceSouth Africa has narrow coastal plains in the east, west and south. These rise to a chain of mountains that ...
state responsibility

state responsibility  

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Overview Page
The obligation of a state to make reparation arising from a failure to comply with a legal obligation under international law. See also espousal of claim.
traité-lois

traité-lois  

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Overview Page
Some writers (e.g. Shearer, Starke's International Law (11th ed.), 37–38) have sought to draw a distinction between law-making treaties which lay down rules of universal or general application ...

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