Summary
Summary PRI3701 - Principles Of International Law - Glossary
- Institution
- University Of South Africa (Unisa)
Principles Of International Law Glossary
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GLOSSARY:Word Definition
Codification Refers to the process of collecting and writing
down of legal principles in a single source, which
is given the force of law
Source(s) of law Refers to the places where the law originates and
where it can be found
A statute (piece of legislation) is an e.g. of a
source of law
International law subject A legal subject which is capable of being a bearer
of rights and duties under international law
State An entity, which complies with the requirements
set out in the Montevideo Convention of 1933
and is the primary subject of international law
State sovereignty Means that the state may decide what to allow
within its borders without interference from other
states
This is a strong principle which persists as one of
the pivotal rules of international law
International organisation An entity made of, and created by, states and
other international organisations
Legislature The national body tasked with the creation of
legislation
Judiciary The national body tasked with applying the law
Executive The body which has the authority to enforce the
law
Jurisdiction Refers to the competence of a state to govern
persons and property by its municipal law
It attributes to state sovereignty
Is the capacity of a state to exercise its
legislative, judicial, executive and enforcement
functions within a specific territory
Precedent system A legal doctrine which holds that each court is
bound by its own previous decisions, and the
decisions higher courts on a question of law
Soft law Consists of general standards, goals and
guidelines in written form
Soft law instruments are voluntary statements
Often adopted as declarations or resolutions by
diplomatic conferences or international
organisations
Soft law is not binding and cannot be enforced
Treaty/convention/covenant An international agreement between states, or
states and international organisations, which
creates rights and duties between them and
which governed by international law
Custom A rule of international law, which is formed as a
result of a general practice among states (usus),
which they feel bound to follow (opinio juris)
Lus cogens An obligatory rule of international law from which
no deviation is permitted
Ratification The international act whereby a state establishes
on the international plane its consent to be bound
by a treaty
Accession A method by which a state, which was not a party
to a treaty originally, may become a party to it at
a later stage
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