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Glossary
As you have no doubt discovered, lawyers are fond of Latin expressions and
international lawyers are particularly fond of them. To help you decipher these,
the following are definitions of some common expressions.
I will try to keep this list up to date with our readings and case work.
If you come across phrases or terminology you think should be on the list,
please let me know or, better yet, email
me the phrase (and a definition for extra credit!)
There are also several glossaries of international law terms on the web:
actio popularis - a legal action brought by any member of a
community in vindication of a public interest.
compromis – agreement among states to refer a dispute to the International Court of Justice for resolution
erga omnes - "obligations of a state towards the international
community as a whole" (Barcelona Traction case, ICJ, 1970)
ex aequo et bono – “out of equity or fairness”
intra fauces terra - "In the jaws of
the land." This refers to a principle for defining territorial seas.
jure gestionis – commercial acts
jure imperii – governmental acts
juris inter gentes - law among nations.
jus ad bellum – law governing whether use of force is permissible
(contrast with jus in bellum)
jus civile - law created within a particular country. (One of two
categories of law in Roman law, along with jus gentium).
jus cogens - peremptory principles of
international law from which no derogation by treaty permitted
jus gentium - law established among all people by reason. (One of
two categories of law in Roman law, along with jus civile).
jus in bellum – law governing the conduct of warfare (sometimes referred to as “humanitarian law” or “the law of war”) (contrast with jus ad bellum)
jus naturale - law of nature.
jus sanguines -- the law of descent - being the descendent of a
national as the basis for nationality.
jus soli -- the law of the soil - Being born in the territory of a
state as the basis for nationality. (contrast to jus sanguines)
lex lata (or de lege lata) – the law as it exists
(contrast with lex ferenda)
lex ferenda (or de lege ferenda)–what the law ought to be; norms in process of ripening into law (contrast with lex lata)
locus delicti - The place of the
offense.
male captus, bene detentus- “badly captured, well
detained” – doctrine that permits trial of improperly arrested individual
non liquet – law insufficient to provide a decision
opinio juris sive necessitatis - the opinion that a behavior is
required by law (as opposed to behaviors that are motivated by other concerns,
or simply random or habitual behavior).
pacta tertiis nec nocent nec prosunt - treaties do not
create either rights or obligations for third states without their consent.
pacta sunt servanda - the doctrine that
agreements must be honored in good faith. Contrast to rebus
sic stantibus.
persona non grata - An unwelcome person -- this is the basis of
expulsion in diplomatic exchanges.
rebus sic stantibus - "at this point of
affairs" - the doctrine that agreements hold only as long as the
fundamental conditions and expectations that existed at the time of their
creation hold. Contrast to pacta
sunt servanda.
res nullius - Property without an owner.
Property can have no owner because it has been abandoned or, in the case of
land, is uninhabited. It can also have no ownership because it is not subject to
private ownership -- for example the air webreathe.
terra nullius - Unoccuppied or unowned
land. Land that is not claimed by any existing state.
travaux preparatoires – the legislative history (preparatory
work) of a treaty.
usi possidetis, ita possideatis – “as you possess, so may you continue to possess” – applied in the decolonial context to provide that “states emerging from decolonization shall presumptively inherit the colonial administrative boundaries that they held at the time of independence” (Steven Ratner, “Drawing a Better Line: Usi Possidetis and the Borders of New States,” 90 Am. J. Int’l L. 590 (1996))