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International Convention
International law, also known as public international law and the law of nations, is the set of rules, norms, legal customs and standards that states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in that it operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign stat ...
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Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both Civil law (common law), civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by Administrative law, government agencies. The Plaintiff, claimant is the one who seeks to establish, or prove, liability. Liability in business In commercial law, limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for. A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is. Thus, only the funds or property the owner(s) have invested into the business are subje ...
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Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law.
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Emer De Vattel
Emmerich de Vattel ( 25 April 171428 December 1767) was a philosopher, diplomat, and jurist. Vattel's work profoundly influenced the development of international law. He is most famous for his 1758 work ''The Law of Nations''. This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of Augustus III of Poland, Frederick Augustus II of Saxony. Vattel combined Natural law, naturalist legal reasoning and Positive law, positivist legal reasoning. Early life and career The son of a Protestant minister, Vattel was born at Couvet, Neuchâtel, on the 25th of April 1714. He studied classics and philosophy at University of Basel, Basel and University of Geneva, Geneva. During his early years his favorite pursuit was philosophy and, having carefully studied the works of Gottfried Wilhelm Leibniz, Leibniz and Christian Wolff (philosopher), Christian Wolff, he published in 1741 a defence of Leibniz's system against Jean-Pierre de Crousaz. In the ...
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Hugo Grotius
Hugo Grotius ( ; 10 April 1583 – 28 August 1645), also known as Hugo de Groot () or Huig de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, statesman, poet and playwright. A teenage prodigy, he was born in Delft and studied at Leiden University. He was imprisoned in Loevestein Castle for his involvement in the controversies over religious policy of the Dutch Republic, but escaped hidden in a chest of books that was regularly brought to him and was transported to Gorinchem. Grotius wrote most of his major works in exile in France. Grotius was a major figure in the fields of philosophy, political theory and law during the 16th and 17th centuries. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, his writings laid the foundations for international law, based on natural law in its Protestant side. Two of his books have had a lasting impact in the field of international law: '' De jure belli ac pacis'' (''On the Law of War and ...
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Jus Gentium
In Roman law and legal traditions influenced by it, ''ius gentium'' or ''jus gentium'' (Latin for "law of nations" or "law of peoples") is the law that applies to all ''gentes'' ("peoples" or "nations"). It was an early form of international law, comprising not a body of statute law or legal code, but the customary law thought to be held in common by all in "reasoned compliance with standards of international conduct". ''Ius gentium'' was regarded as a form of '' ius naturale'', or natural law. Unlike '' ius civile'', it applied to all persons and not only Roman citizens, as the rules of ''ius gentium'' could be derived from natural reason as innate in all of mankind. Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''. By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created su ...
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An Introduction To The Principles Of Morals And Legislation
''An Introduction to the Principles of Morals and Legislation'' is a book by the English philosopher and legal theorist Jeremy Bentham "originally printed in 1780, and first published in 1789." Bentham's "most important theoretical work," it is where Bentham develops his theory of utilitarianism and is the first major book on the topic. Overview Bentham was the first major philosopher to develop and defend a utilitarian theory of ethics. Like John Stuart Mill John Stuart Mill (20 May 1806 – 7 May 1873) was an English philosopher, political economist, politician and civil servant. One of the most influential thinkers in the history of liberalism and social liberalism, he contributed widely to s ..., whom he greatly influenced, Bentham believed that happiness or pleasure is the only thing that is good for its own sake. He believed that humans, by nature, are motivated exclusively by the desire for pleasure (a view known as psychological hedonism), and that ethically t ...
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Jeremy Bentham
Jeremy Bentham (; 4 February Dual dating, 1747/8 Old Style and New Style dates, O.S. [15 February 1748 Old Style and New Style dates, N.S.] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism. Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong." He became a leading theorist in Anglo-Americans, Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated Individualism, individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing of homosexual acts. He called for the abolitionism, abolition of slavery, capital punishment#Abolition of capital punishment, capital punishment, and physical punishment, includ ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty that establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution ...
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Geneva Conventions
upright=1.15, The original document in single pages, 1864 The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone. The Geneva Conventions define the rights and protections afforded to those non-combatants who fulfill the criteria of being '' protected persons''. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventio ...
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International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the International criminal law, international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is distinct from the International Court of Justice, an United Nations System, organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights. The Court has faced #Criticism and opposition, a number of criticisms. Some governments have refused to recognize the court's assertion of jurisdiction, with other civil groups also accusing the court of bias, Eurocentrism and racism. Others have also que ...
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European Court Of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France. The court was established in 1959 and decided its first case in 1960 in ''Lawless v. Ireland''. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, ...
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