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    Abass: Complete International Law: Acquisitive Prescription

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    Aftab Ahmed
    This document defines and explains key concepts and terms in international law, including: 1. Acquisitive prescription, which is how a State can acquire territory occupied by another State through continuous exercise of authority over the area for a sufficient period of time. 2. Advisory Opinion, which is a non-binding opinion given by an international court to clarify a legal issue at the request of a party. 3. Expropriation, which occurs when a government forcibly takes over foreign property or business within its territory. 4. Opinio juris, which is a conviction felt by states that a certain conduct is required by international law.

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    Abass: Complete International Law: Acquisitive Prescription

    Uploaded by

    Aftab Ahmed
    30 views3 pages
    This document defines and explains key concepts and terms in international law, including: 1. Acquisitive prescription, which is how a State can acquire territory occupied by another State through continuous exercise of authority over the area for a sufficient period of time. 2. Advisory Opinion, which is a non-binding opinion given by an international court to clarify a legal issue at the request of a party. 3. Expropriation, which occurs when a government forcibly takes over foreign property or business within its territory. 4. Opinio juris, which is a conviction felt by states that a certain conduct is required by international law.

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    This document defines and explains key concepts and terms in international law, including: 1. Acquisitive prescription, which is how a State can acquire territory occupied by another State through continuous exercise of authority over the area for a sufficient period of time. 2. Advisory Opinion, which is a non-binding opinion given by an international court to clarify a legal issue at the request of a party. 3. Expropriation, which occurs when a government forcibly takes over foreign property or business within its territory. 4. Opinio juris, which is a conviction felt by states that a certain conduct is required by international law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    30 views3 pages

    Abass: Complete International Law: Acquisitive Prescription

    Uploaded by

    Aftab Ahmed
    This document defines and explains key concepts and terms in international law, including: 1. Acquisitive prescription, which is how a State can acquire territory occupied by another State through continuous exercise of authority over the area for a sufficient period of time. 2. Advisory Opinion, which is a non-binding opinion given by an international court to clarify a legal issue at the request of a party. 3. Expropriation, which occurs when a government forcibly takes over foreign property or business within its territory. 4. Opinio juris, which is a conviction felt by states that a certain conduct is required by international law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Abass: Complete International Law

    Acquisitive prescription
    This is a mode through which a State acquires a territory, already occupied by
    another State, through the exercise of authority in a continuous, uninterrupted, and
    peaceful manner over the area concerned for a sufficient period of time.

    Actio popularis
    An action by one or more persons to obtain remedy for collective interests.

    Advisory Opinion
    An opinion given by an international court or tribunal, such as the International Court
    of Justice, which is not binding on party (or parties) which request such an opinion
    but which serves the purpose of clarifying a legal issue.

    Collective security
    It refers to the use of overwhelming force in order to enforce the will of the
    international community.

    Collective Security Law


    The law that which governs the use of preponderant force by the international
    community in order to enforce international law against peace breachers.

    Compromis
    A special agreement included in a treaty which spells out how disputes between
    parties to the treaty are to be dealt with.

    Condomium
    A ‘condominium’ exists where two or more States jointly exercise political power over
    an entity, usually through the agencies of local administrations.

    Ex aequo et bono
    A Latin phrase that loosely translates as ‘according to what is right and good’, or
    ‘according to equity and good conscience’.

    Expropriation
    Expropriation takes place when a government explicitly and forcibly takes over a
    foreign property or business within its territory.

    Force majeure
    The occurrence of an irresistible force or of an unforeseen event beyond one’s
    control, making it materially impossible in the circumstances to perform an obligation
    already agreed to.

    © Oxford University Press, 2011. All rights reserved.


    Abass: Complete International Law

    Formal sources of law


    This refers to ‘sources of law’ in the technical sense and refers to from where the law
    derives its force.

    Humanitarian intervention
    The notion that States can use force to stop another State from violently repressing
    its own citizens.

    Intertemporal Law
    The determination of the applicable law to an act. It is usually the law in force at the
    time when an act occurs rather than when a dispute arises in respect of the act.

    Legal Personality
    It refers to the substance of a juristic person; it connotes someone who can act
    legally, one who can sue or be sued in law.

    Monism
    The theory which states that international law and municipal law form one and the
    same legal order.

    nulla poena sine lege


    The legal principle that states that there can be no penalty without a law.

    Opinio juris
    This is a conviction felt by states that a certain form of conduct is required by
    international law.

    ‘Optional Clause’
    This is a method by which States accept the jurisdiction of the Court on an ‘opt in, opt
    out’ basis, with regard to whatever disputes they deem fit and for a period of time to
    be determined solely by that State.

    Pacta Sunt Servanda


    This is a principle of general international law that obligates a State to implement the
    provisions of treaty in good faith and in accordance with the purpose of that treaty.

    Peremptory Norm
    Always known as Jus or ius cogens. This is the most fundamental norm of
    international law from which no derogation is permitted except by a norm of similar
    character.

    © Oxford University Press, 2011. All rights reserved.


    Abass: Complete International Law

    Persistent Objector
    A persistent objector is a State that does not accept that the practice of a particular
    usage by other States creates a legal obligation for it.

    Possession à titre de souverain


    Implies that a State that claims acquisition by prescription must act, with regard to
    the concerned territory, absolutely and without recognition or deference to the
    sovereignty of any other State over the same territory.

    Ratification
    Ratification is a process whereby a State, which has already signed a treaty,
    ultimately accepts to be bound by it.

    State Responsibility
    The Law that regulates the liability of a State, which has committed an internationally
    unlawful acts against another State.

    The Law of the Sea


    The legal regime which governs the use of the sea in its entirety.

    Ultra vires
    A decision taken outside or beyond one’s authority.

    © Oxford University Press, 2011. All rights reserved.

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