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ab initio
(自始,例:
void
ab initio
自始无效)
from the
beginning
ad hoc
(特
别
;特定;
为
< br>某一目的特
设
,例:
ah
hoc committee
特
设
委
员会
;
临时
委
员会
;
专门
委
员会
)
for this
purpose
ad litem
(
专为
某一
诉讼
目的;例:
agent ad
litem
诉讼
代理人)
for
the lawsuit
a
fortiori
(更加,更不必
说
)
according to
Webster:
convincing force -- used in
drawing a conclusion that is inferred to be even
more
certain than
another.
arrest its consular official,
then a fortiori it would be a violation to arrest
its
ambassador.
a posteriori
(
经验
的;
归纳
的;<
/p>
后
验
的)
from effect to cause; from particular
to general;
inductive (based on
observation or experience).
a priori
(先
验
的;演
绎
的)
from cause to effect; from
generalization to particular;
deductive; presupposed by or reasoning
from self-evident propositions (based on
theory rather than practice).
amicus curiae
(法庭之友)
views on the subject matter
of a given legal action may petition the court for
permission to file a brief, ostensibly
on behalf of a party but actually to suggest a
rationale consistent with its own
views. Such amicus curiae briefs are commonly
filed in appeals concerning matters of
a broad public interest. Example: NPC of Iran
v. M/T Stolt Sheaf case
contra legem
(
违
反法律)
decision of a court or
tribunal that is contrary to the law governing the
controversy.
Such a decision would not normally be
permitted unless the tribunal
had been
empowered to act ex aequo et bono).
As opposed to intra legem.
de facto
(事
实
;事
实
上)
in fact (as opposed to in law, de
jure)
de lege
ferenda
(根据
拟议
法)
what the law ought
to be (as opposed to what the law is,
lex lata).
de
lege lata
(根据
现
行法)
what the law is (as opposed
to what the law ought to be, de
lege
ferenda).
de
jure
(法理上;法律上)
in law (as opposed to in fact, de
facto).
dolus specialis
(特殊目的)
special intent. In
international humanitarian law,
genocide is considered unique because
of the special intent to destroy in whole or in
part, a national, ethnic, racial or
religious group.
erga
omnes
(
对
所有
国
家;普遍适用;
对国际
社
会
整体。例:
obligation erga omnes
对国际
社
会
整体的
义务
p>
;
对
世
义务
)
one injured party)
ex aequo et bono
(根据公允及善意原
则
;本着公平
与
正
义
的精神)
a judgment based on
considerations of fairness, not on
considerations of existing law. Such a judgment
is rendered
the law (infra
legem or intra legem). Example: Article 38(2) of
the I.C.J. Statute
permits the Court to
render a judgment on these grounds
ex proprio motu
(出于自愿的;出自本意的)
on
its own accord.
ex proprio
vigore
(由于本身的力量)
by its own strength
/ of its own force. A law or a
treaty
may be binding ex proprio vigore, or on its own.
If an international law is not
binding
ex proprio vigore in domestic law, then
legislative action is needed. A
treaty
that requires domestic legislation is referred to
as a non-self-executing
treaty.
forum conveniens
(便利法庭;合适的裁判地)
convenient
forum. The court is convenient
to hear
a case and has jurisdiction. The doctrine of forum
non conveniens
(
inconvenience.
forum non
conveniens
(不便利法庭;非方便裁判地)
inconvenient forum.
in pari delicto
(
同等
过错
;
互有
过
失)
equally wrong. One party
is as much at fault as the
opposing
party.
in pari
materia
(以相同方式)
on
like subject matter; same manner. typically used
in
regards to statutes which relate the
same thing or person.
in
personam
(
对
人)
against the person. Jurisdiction over the
person of an individual.
in
rem
(
对
物)
“in a thing”. In a laws
uit,
an action in rem is directed towards some
specific piece of property,
in statu nascendi
(在新生
状态
/
初始
状态
/
原初
状态
中)
in its original form / in birth status
/ being just born. Under international
law, this term generally is used to refer to a
nascent state or a political entity
seeking recognition of statehood. It also is used
to refer to emergent laws, rules, or
principles of customary international law.
inter alia
(在其他事
项
外;此外)
among other things.
intra legem
(法
内
)
a court or tribunal that is
consistent with the rules of law governing the
controversy).
As
opposed to contra legem.
inter arma silent leges
(
战争
的
时
候无法律可
言;
战时
法律
暂
停生效
) in time of war, the laws
are silent
ipso
facto
(根据事
实
本身;事
p>
实
使然)
by
the fact (or act) itself.
ipso jure
(依照法律;根据法律)
by the law itself
jus
(
法;
权
利)
law or the
body of law
jus ad
bellum
(
诉诸战争权
)
Right to War. When and under
what conditions is war ever
justifiable? Jus ad bellum sets the
boundaries for the use of force. War was
denounced in the 1919 Covenant of the
League of Nations and the 1928 Treaty of Paris
(Briand-Kellogg Pact). The UN Charter
adopted in 1945 states:
refrain in
their international relations from the threat or
use of force against the
territorial
integrity or political independence of any state,
or in any other manner
inconsistent
with the Purposes of the United
Nations.
authorizes the use of force in
self defense. Article 51. See Chapter VII and
Chapter
VIII for more provisions.
Compare jus ad bellum (right to use force) with
jus in bello
(conduct during war).
jus civile
(市民法)
law created
within each country.
Jus
civile is one of two
categories of law
in formal Roman law, along with jus gentium.
jus cogens
(强制性法
规
;强制法;
绝对
法)
international
law that cannot be overriden by specific treaties
between countries;
that is: norms that
admit of no derogation; they are binding on all
states at all
times (e.g., prohibitions
on aggression, slavery, and genocide)..
jus gentium
(万民法)
a body of law developed by
a
Roman praetor peregrinus; applied to non-Romans in
the Empire and to dealings
between
Romans and non-Romans.
Jus
gentium is one of two categories of law in
formal Roman law, along with jus
civile.
jus gentium privatu
m
(
国际
私法)
Private International Law
jus gentium publicum
(
国际
公法)
Public
International Law
jus in be
llo
(
战时
法)
Justice in War. These principles govern the conduct of parties
during the law of
war and armed conflict, and in a broader sense
define the rights
and obligations of
neutral parties. The basic legal frameworks
include, but are not
limited to: the
1907 Hague Conventions and Regulations; Geneva
Conventions of 1949
and the 1977
Protocols I and II; the 1925 Geneva Gas Protocol;
the 1954 Hague Cultural
Property
Convention; the 1972 Biological Weapons
Convention; the 1980
Conventional
Weapons Convention; and the 1993 Chemical Weapons
Convention. See
also jus ad bellum.
jus inter gentes
(
国
家
间
法
)
jus
naturale
(自然法)
law of nature. The classical Greeks
originated the
law
Aurelius
and Cicero; natural law scholars argue that law
has a metaphysical source
(God, nature)
and is apprehensible by rational humans; the law
transcends tiem,
place, and
circumstance
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