Latin Maxims.docx

Latin Word

Literal Meaning

Definition

Opinio Juris

Opinion of law or opinion of necessity

A sense of legal obligation

Jus Cogens

Compelling Law

It has the status of a peremptory norm of international law. A peremptory norm is a norm accepted and recognized by the international community of states as a rule, from which no derogation is permitted and which can be modified only by a subsequent norm having the same character. Examples: Slave trade, piracy and terrorism.

Erga Omnes Obligation

Towards everyone or all

It refers to specifically determined obligations that states have towards the international community as a whole.

Non liquet

It is not clear

It refers to a situation in which a competent court or tribunal fails to decide the merits of an admissible case for whatever reason, be it the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law or the injustice of the legal consequences. In the realm of international law, the Advisory Committee of Jurists sought to avoid the possibility of a non liquet by

including general principles of law among the sources of international law in Article 38 of the Statute of the Permanent Court of Justice. Uti Possidetis

As you possess

Allows retention of property or territory in the belligerent’s actual possession at the time of hostilities.

Aut Dedere Judicare

either extradite or prosecute

Lex Specialis

Specific law

to prosecute persons who commit serious international crimes where no other state has requested extradition. is a doctrine relating to the interpretation of laws and can apply in both domestic and international law contexts. A law governing a specific subject.

Pacta Sunt Servanda

Agreement must be kept

Every treaty in force is binding upon the parties to it and must be performed by them in good faith. Therefore, a contracting party will be held responsible for breach of a treaty.’ Applies only to treaties which are in force, not to invalid, suspended or terminated treaties.

Rebus Sic Stantibus

Things thus standing

Pacta tertiis nec nocent nec prosunt

a treaty binds the parties and only the parties

A qualification in a treaty or contract, that allows for nullification in the event fundamental circumstances change. Agreement does not benefit nor hurt a third person

Stipulation pour autrui

stipulation for other persons

Ex Aequo Et Bono

According to what is good

Forum Prorogatum

Prorogated jurisdiction

A stipulation pour autrui gives the third-party beneficiary a cause of action against the promisor for specific performance. In order for a third party to be a third-party beneficiary of a stipulation pour autrui there usually has to be a legal or factual relationship between the stipulator and the beneficiary. It is a judgment based on considerations of fairness, not on considerations of existing law, that is to simply decided based upon a balancing of the equities It occurs when a power is conferred by the consent of the parties and following the initiation of proceedings - upon the international court of justice, which otherwise would not have adjudicated. Such consent can be indicated in an implied or informal way or by a succession of acts.