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Uti Possidetis
''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure used in litigation about land. It came from a praetorial edict that could be abbreviated "As you possess, so shall you possess". Later, by a misleading analogy, the phrase was transferred to international law, where it has had more than one meaning. In Rome, if two parties disputed possession of land, the praetor preferred the one who was in actual occupation, unless he had got it from the other by force, stealth or as a temporary favour (''nec vi, nec clam, nec precario''). The contest was initiated by an interdict called ''uti possidetis''. The winner was confirmed or restored in possession, and the party who lost was ordered not to displace him by force. The winner got no rights against the rest of the world, however, since he had got mere possession not ownership: anyone else might conceivably have a right to displace him. In the early modern era some European ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Palimpsest
In textual studies, a palimpsest () is a manuscript page, either from a scroll or a book, from which the text has been scraped or washed off so that the page can be reused for another document. Parchment was made of lamb, calf, or kid skin and was expensive and not readily available, so, in the interest of economy, a page was often re-used by scraping off the previous writing. In colloquial usage, the term ''palimpsest'' is also used in architecture, archaeology and geomorphology to denote an object made or worked upon for one purpose and later reused for another; for example, a monumental brass the reverse blank side of which has been re-engraved. Etymology The word ''palimpsest'' derives from the Latin '' palimpsestus'', which derives from the Ancient Greek παλίμψηστος (, from + = 'again' + 'scrape'), a compound word that describes the process: "The original writing was scraped and washed off, the surface resmoothed, and the new literary material written on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Bassett Moore
John Bassett Moore (December 3, 1860 – November 12, 1947) was an American lawyer and authority on international law.Christine E. White"Leading Figures in International Law: John Bassett Moore" ''International Judicial Monitor'' (Summer 2009). Moore was a State Department official, a professor at Columbia University, and a judge of the Permanent Court of International Justice from 1922 to 1928, the first American judge to sit on that judicial body. Biography Moore graduated from the University of Virginia and was admitted to the Delaware bar in 1883. He practiced law in Wilmington, Delaware, before working as a law clerk at the Department of State from 1885 to 1886. He was the third assistant secretary of state from 1886 to 1891, when he became Hamilton Fish Professorship of International Law and Diplomacy at Columbia Law School, the first chair of international law in the United States. Moore remained a Columbia professor until 1924, taking frequent leaves of absence to take u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alexandre De Gusmão
Alexandre de Gusmão ( Santos, 17 July 1695 – Lisbon, 9 May 1753) was a diplomat born in the Portuguese colony of Brazil. He is regarded as one of the best diplomats of his time, chiefly for his role in negotiating the Treaty of Madrid in 1750 (revoked in 1761), when Portugal and Spain were attempting to delimit their territorial possessions in South America and Asia. Born in the city of Santos, he may be considered one of the precursors of the application of the principles of Illuminism to international relations, adopting the principle of '' uti possidetis'', according to which each state has the right to the land that it actually occupies, as well as the idea of "natural boundaries", which suggests the use of prominent geographical accidents – such as rivers and mountain ranges – to set the limits between states. He graduated in Law and was the representative of Portugal to various states, among which Rome, where he came to be invited to join Pope Innocent XIII's cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Luís Da Cunha
D. Luís da Cunha (; 25 January 1662 in Lisbon – 9 October 1749 in Paris) was a Portuguese diplomat who served under D. João V of Portugal as part of His Most Faithful Majesty's Council. He was also Judge of the Royal Household, Envoy Extraordinary of Portuguese Cortes to London, Madrid and Paris, and Minister Plenipotentiary to the Congress of Utrecht, as well as part of the Portuguese Royal Academy of History. D. Luis da Cunha was considered an "''Estrangeirado''", a Portuguese that has been influenced greatly by foreign ideas. He was a critic of the Inquisition and the persecution of New Christians. Early life D. Luís da Cunha was born on 25 January 1662, in Lisbon, to D. António Álvares da Cunha, 18th Lord of Tábua, head of the House of Cunha and a member of the Forty Conspirators, and Maria Manoel de Vilhena, daughter of Cristóvão Manoel de Vilhena. He studied law at the University of Coimbra, after which he was appointed as Judge to the Relation of Porto ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francisco De Vitoria
Francisco de Vitoria ( – 12 August 1546; also known as Francisco de Victoria) was a Spanish Roman Catholic philosopher, theologian, and jurist of Renaissance Spain. He is the founder of the tradition in philosophy known as the School of Salamanca, noted especially for his concept of just war and international law. He has in the past been described by scholars as the "father of international law", along with Alberico Gentili and Hugo Grotius, though some contemporary academics have suggested that such a description is anachronistic, since the concept of postmodern international law did not truly develop until much later. American jurist Arthur Nussbaum noted Vitoria's influence on international law as it pertained to the right to trade overseas. Later this was interpreted as "freedom of commerce". Life Vitoria was born in Burgos or Vitoria-Gasteiz and was raised in Burgos, the son of Pedro de Vitoria, of Alava, and Catalina de Compludo, both of noble families. As per modern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terra Nullius
''Terra nullius'' (, plural ''terrae nullius'') is a Latin expression meaning " nobody's land". It was a principle sometimes used in international law to justify claims that territory may be acquired by a state's occupation of it. : : : : : : There are currently three territories claimed to be ''terra nullius'', two of which caused by border disputes between sovereign states, and one caused by no sovereign state claiming the land. Doctrine In international law, ''terra nullius'' is territory which belongs to no state. Sovereignty over territory which is ''terra nullius'' can be acquired by any state by occupation. According to Oppenheimer, “‘The only territory which can be the object of occupation is that which does not already belong to another state, whether it is uninhabited, or inhabited by persons whose community is not considered to be a state; for individuals may live on as territory without forming themselves into a state proper exercising sovereign ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized '' renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals conquered the Ostrogothic kingdom, restoring Dalmatia, Sicily, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The praetorian prefect Liberius reclaimed the south of the Iberian peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recension
Recension is the practice of editing or revising a text based on critical analysis. When referring to manuscripts, this may be a revision by another author. The term is derived from Latin ''recensio'' ("review, analysis"). In textual criticism (as is the case with Biblical scholarship) the count noun ''recension'' is a family of manuscripts sharing similar traits; for example, the Alexandrian text-type may be referred to as the "Alexandrian recension". The term ''recension'' may also refer to the process of collecting and analyzing source texts in order to establish a tree structure leading backward to a hypothetical original text. See also *Biblical manuscript *Categories of New Testament manuscripts New Testament manuscripts in Greek are categorized into five groups, according to a scheme introduced in 1981 by Kurt and Barbara Aland in ''The Text of the New Testament''. The categories are based on how each manuscript relates to the vario ... * Critical apparatus Reference ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usucaption
Usucaption ( la, usucapio), also known as ''acquisitive prescription'', is a concept found in civil law systems and has its origin in the Roman law of property. Usucaption is a method by which ownership of property (i.e. title to the property) can be gained by possession of it beyond the lapse of a certain period of time (acquiescence). While usucaption has been compared with adverse possession (that is, squatting), the true effect of usucaption is to remedy defects in title of lands that are without encumbrance on them. Roman law Background to usucaption The necessity for usucaption arose in Roman law with the divide between ''res mancipi'' and '' res nec mancipi''. ''Res mancipi'' required elaborate and inconvenient formal methods of conveyance to transfer title (a formal ''mancipatio'' ceremony, or '' in iure cessio''). ''Res nec manicipi'' could be transferred by '' traditio'' (delivery) or ''in iure cessio''. The remaining form of conveyance was ''traditio''. This was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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